COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

TUESDAY, APRIL 25, 2017

SESSION OF 2017 201ST OF THE GENERAL ASSEMBLY No. 19

HOUSE OF REPRESENTATIVES May the representatives of Your people debate and vote with The House convened at 11 a.m., e.d.t. hearts filled with Your grace. Gracious God, forgive us all of our sins, and help us to do the work laid out before us in response to Your grace. THE SPEAKER (MIKE TURZAI) Strengthen these leaders to do what is hard when it is what is PRESIDING just, and what is compassionate, merciful, and pure, when it is what blesses and heals Your precious creations. PRAYER O God, You call us to be Your heart and Your hands for Your people. Bless and anoint the hearts and hands gathered The SPEAKER. Our prayer today will be offered by here, for we are grateful for their calling and grateful that You Rev. Drew Stockstill of Christ Lutheran Church here in never let them out of Your sight. Assure them that You know Harrisburg, Pennsylvania. He has been invited as a guest of well that which they carry today – the silent longings of their Representative . hearts, You hear their prayers, You are with them in their suffering and in their joy. You love them. Transform us all by REV. DREW STOCKSTILL, Guest Chaplain of the House Your holy love into Your holy people that You have fashioned of Representatives, offered the following prayer: us to be. It is in Your powerful name that we pray for this House of I would like to thank Representative Patty Kim for the Representatives and for all the people of this Commonwealth. invitation to be here today with you. It is truly an honor. And Amen and amen. thank you, Mr. Speaker, for your hospitality. I bring you greetings from Christ Lutheran Church in the PLEDGE OF ALLEGIANCE heart of Allison Hill, where we pray for you all every week and we hope you all feel it. (The Pledge of Allegiance was recited by members and Will you pray with me: visitors.) Source of all life, redeemer and sustainer of all life, we are filled with gratitude that one as mighty as You is also full of mercy and abounding in steadfast love. We are filled with JOURNAL APPROVAL POSTPONED gratitude that we live out our lives before Your constant presence. We are filled with gratitude that You have seen fit to The SPEAKER. Without objection, the approval of the call even us into the awesome calling of leadership. We are Journal of Monday, April 24, 2017, will be postponed until filled with gratitude that the men and women You have lifted up printed. in the Pennsylvania House, the aides and all of the staff who labor here, are each made in Your holy image and do not do the COMMUNICATION FROM DEPARTMENT work of this place alone. OF ENVIRONMENTAL PROTECTION I pray You make wise the decisions of our leaders, that the laws they pass work only for the good of Your creation and all The SPEAKER. The Speaker acknowledges receipt of the who fill it. You have said, O God, "How very good and pleasant Hazardous Sites Cleanup Fund Annual Report of August 2016 it is when kindred live together in unity." May these gathered from the Pennsylvania Department of Environmental here feel Your presence which unites them together as leaders Protection. and binds them to the people You have called them to serve and to love. May they remember the suffering of those for whom (Copy of communication is on file with the Journal clerk.) they work, especially for children in struggling schools and hurting homes, for those who carry the weight of addiction, for BILLS REPORTED FROM COMMITTEES, those who are sick but have no place to turn, and in all of those CONSIDERED FIRST TIME, AND TABLED faces, may they see You, O God. As a people we are only as secure as our most vulnerable HB 205, PN 1550 (Amended) By Rep. METCALFE citizens, only as prosperous as our most despairing, only as powerful as the ones who have no voice and feel no hope, the An Act amending Title 24 (Education) of the Pennsylvania ones whom Jesus called blessed. May it be so in all of our eyes. Consolidated Statutes, in preliminary provisions relating to retirement for school employees, further providing for definitions. 564 LEGISLATIVE JOURNAL—HOUSE APRIL 25

STATE GOVERNMENT. providing for slot machine license fee; in table games, further providing for award of certificate and for table game authorization fee; and, in miscellaneous provisions, further providing for appropriations HB 352, PN 364 By Rep. M. KELLER and for repayments to State Gaming Fund.

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in limitation of time, providing Referred to Committee on GAMING OVERSIGHT, for ten year limitation, for mesne profits and for reimbursement and April 25, 2017. further providing for twenty-one year limitation. No. 1282 By Representatives M. QUINN, DUNBAR and URBAN AFFAIRS. MILLARD

HB 454, PN 1549 (Amended) By Rep. MUSTIO An Act amending Title 4 (Amusements) of the Pennsylvania Consolidated Statutes, in Pennsylvania Gaming Control Board, An Act amending the act of September 27, 1961 (P.L.1700, providing for auction of slot machine license; and, in licensees, further No.699), known as the Pharmacy Act, further providing for definitions; providing for Category 2 slot machine license and for number of slot and providing for pharmacy technician and pharmacy technician machine licenses. trainee registration, qualifications and supervision.

Referred to Committee on GAMING OVERSIGHT, PROFESSIONAL LICENSURE. April 25, 2017.

HB 653, PN 692 By Rep. M. KELLER No. 1283 By Representatives SNYDER, DEAN, STURLA, An Act amending Title 68 (Real and Personal Property) of the NEUMAN, MILNE and PASHINSKI Pennsylvania Consolidated Statutes, in real property, providing for real estate foreclosure of vacant and abandoned property and for sheriff's An Act amending Title 58 (Oil and Gas) of the Pennsylvania commission and credit or attorney fees. Consolidated Statutes, in unconventional gas well fee, further providing for definitions. URBAN AFFAIRS. Referred to Committee on ENVIRONMENTAL HOUSE RESOLUTIONS RESOURCES AND ENERGY, April 25, 2017.

INTRODUCED AND REFERRED No. 1284 By Representatives PEIFER, PICKETT, No. 284 By Representatives MOUL, KEEFER, SANKEY DRISCOLL, DUNBAR, M. K. KELLER, OBERLANDER, and GROVE DAVIS, O'NEILL, BAKER, GROVE, KAUFFMAN, R. BROWN, CAUSER, MILLARD, BLOOM, SANKEY, A Resolution urging the Congress of the United States to repeal B. MILLER, PASHINSKI, HELM, D. COSTA, the Environmental Protection Agency's MS4 program. ZIMMERMAN, KEEFER and GILLEN

Referred to Committee on STATE GOVERNMENT, An Act providing for the Pennsylvania Business Permitting Portal within the Department of Community and Economic Development; and April 25, 2017. establishing the Pennsylvania Business Permitting Portal Advisory Board. No. 287 By Representatives BERNSTINE, METCALFE, SACCONE, BAKER, SOLOMON, BIZZARRO, Referred to Committee on COMMERCE, April 25, 2017. DiGIROLAMO, RYAN, READSHAW, NELSON, KAUFFMAN, MILLARD, TOEPEL, V. BROWN, WARD, No. 1287 By Representative SCHLEGEL CULVER SAYLOR and GROVE An Act authorizing the Department of General Services, with the A Resolution condemning the Syrian government's chemical approval of the Pennsylvania Historical and Museum Commission and weapons attack on Khan Sheikhoun, Syria, and President Bashar the Governor, to grant and convey to the Warrior Run-Fort Freeland al-Assad for Syria's ongoing and historical use of chemical weapons Heritage Society certain lands situate in Delaware Township, against the Syrian people; and urging the Congress of the United States Northumberland County. to consider and approve an authorization for the use of military force to allow for additional military action in Syria for the purpose of deterring further use of chemical weapons in Syria and the world. Referred to Committee on STATE GOVERNMENT, April 25, 2017. Referred to Committee on STATE GOVERNMENT, April 25, 2017. SENATE BILL FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the HOUSE BILLS following bill for concurrence: INTRODUCED AND REFERRED SB 260, PN 240 No. 1281 By Representatives M. QUINN, DUNBAR,

MILLARD, BARBIN and SAYLOR Referred to Committee on JUDICIARY, April 25, 2017. An Act amending Title 4 (Amusements) of the Pennsylvania Consolidated Statutes, in Pennsylvania Gaming Control Board, further

2017 LEGISLATIVE JOURNAL—HOUSE 565

LEAVES OF ABSENCE Driscoll Kinsey Pyle Dunbar Kirkland Quigley Turzai, Dush Klunk Quinn, C. Speaker The SPEAKER. The majority whip requests leaves of absence for Justin SIMMONS of Lehigh County for the day, ADDITIONS–0 of Adams County for the day, Kathy WATSON of Bucks County for the day, and NOT VOTING–0 of Chester County for the day. Without objection, those requests will be granted. EXCUSED–13 The minority whip requests leaves of absence for the Christiana James Rabb Tallman following: Flo FABRIZIO of Erie County for the day, Dan Costa, P. Mako Samuelson Taylor McNEILL of Lehigh County for the day, Christopher RABB of Fabrizio McNeill Simmons Watson Philadelphia County for the day, of Allegheny Hennessey County for the day, and of Northampton County for the day. Without objection, those will be granted. LEAVES ADDED–6

Costa, P. Gergely Readshaw Turzai MASTER ROLL CALL Dean Mehaffie

LEAVES CANCELED–5 The SPEAKER. We will proceed to vote on the master roll.

Members, please proceed to vote. Costa, P. Samuelson Tallman Turzai Mehaffie The following roll call was recorded:

PRESENT–190 The SPEAKER. One hundred and ninety members having voted on the master roll, there is a quorum. Baker Ellis Knowles Quinn, M. Barbin Emrick Kortz Rader Barrar English Krueger Rapp BILLS REPORTED FROM COMMITTEE, Benninghoff Evankovich Kulik Ravenstahl Bernstine Evans Lawrence Readshaw CONSIDERED FIRST TIME, AND TABLED Bizzarro Everett Lewis Reed Bloom Farry Longietti Reese HB 411, PN 1014 By Rep. PETRI Boback Fee Mackenzie Roae Boyle Fitzgerald Madden Roe An Act amending the act of July 10, 1981 (P.L.214, No.67), Bradford Flynn Maher Roebuck known as the Bingo Law, further providing for definitions, for rules for Briggs Frankel Maloney Rothman licensing and operation and for penalty. Brown, R. Freeman Markosek Rozzi Brown, V. Fritz Marshall Ryan GAMING OVERSIGHT. Bullock Gabler Marsico Saccone Burns Gainey Masser Sainato Caltagirone Galloway Matzie Sankey HB 491, PN 1566 By Rep. PETRI Carroll Gergely McCarter Santora Causer Gillen McClinton Saylor An Act amending Title 4 (Amusements) of the Pennsylvania Cephas Gillespie McGinnis Schemel Consolidated Statutes, in table games, further providing for local share Charlton Godshall Mehaffie Schlossberg assessment; and, in revenues, further providing for establishment of Comitta Goodman Mentzer Schweyer State Gaming Fund and net slot machine revenue distribution. Conklin Greiner Metcalfe Sims Cook Grove Metzgar Snyder GAMING OVERSIGHT. Corbin Haggerty Miccarelli Solomon Corr Hahn Millard Sonney Costa, D. Hanna Miller, B. Staats HB 519, PN 1552 (Amended) By Rep. PETRI Cox Harkins Miller, D. Stephens Cruz Harper Milne Sturla An Act amending Title 4 (Amusements) of the Pennsylvania Culver Harris, A. Moul Thomas Consolidated Statutes, providing for sports wagering and for powers Cutler Harris, J. Mullery Tobash and duties of the Pennsylvania Gaming Control Board; imposing Daley Heffley Murt Toepel penalties; and providing for sports wagering tax and local fee Davidson Helm Mustio Toohil assessment. Davis Hickernell Neilson Topper Dawkins Hill Nelson Vazquez GAMING OVERSIGHT. Day Irvin Nesbit Vitali Dean Jozwiak Neuman Walsh Deasy Kampf O'Brien Ward HB 782, PN 1553 (Amended) By Rep. PETRI DeLissio Kaufer O'Neill Warner Delozier Kauffman Oberlander Warren An Act amending Title 4 (Amusements) of the Pennsylvania DeLuca Kavulich Ortitay Wentling Consolidated Statutes, in general provisions relating to gaming, further Dermody Keefer Pashinski Wheatley providing for definitions; and, in licensees, further providing for Diamond Keller, F. Peifer Wheeland Category 3 slot machine license and providing for nongaming service DiGirolamo Keller, M.K. Petrarca White providers. Donatucci Keller, W. Petri Youngblood Dowling Kim Pickett Zimmerman GAMING OVERSIGHT.

566 LEGISLATIVE JOURNAL—HOUSE APRIL 25

HB 864, PN 970 By Rep. PETRI In the rear of the House, Representative Dave Maloney has some guests with us. They are students from Daniel Boone High An Act amending the act of December 19, 1988 (P.L.1262, School in Berks County who are attending American Cancer No.156), known as the Local Option Small Games of Chance Act, in preliminary provisions, further providing for legislative intent and for Society Day at the Capitol. As I say your name, please stand: definitions; in games of chance, providing for airport 50/50 drawing; Brett Berger, Isabella Pizzo, Quincey Johnston, and David and, in enforcement, further providing for enforcement. Ahakinian. Thank you so much for being with us today. Representative Jeff Pyle has guests in the rear of the House. GAMING OVERSIGHT. Please stand as I say your name: Mary Jo Southworth and her daughter-in-law, Andrea Southworth, from Ford City. HB 865, PN 971 By Rep. PETRI Welcome. Thanks so much for being with us today. Great to

An Act amending Title 4 (Amusements) of the Pennsylvania have you. Consolidated Statutes, providing for fantasy contests. Representative has guests. They are in the rear of the House. Please stand as I announce your names: GAMING OVERSIGHT. Brigitte Jackson; her son, Ian; and Andrea Zonneveld. If you could please stand. Great. Thank you so much for being with us The SPEAKER. We are going to hold off on the uncontested today. Thank you. calendar for now. In the well of the House, here are our guest pages. As guests of Representative , we have Joseph Pfleger and HUMAN SERVICES Evan Cianci. Please stand. Thank you, young men. COMMITTEE MEETING A guest of Representative Delozier, Tulio Huggins. Tulio, thanks for being with us. The SPEAKER. Representative Gene DiGirolamo is Representative Ryan brings us Stephen Wargo. Stephen, recognized on unanimous consent. great to have you here. Mr. DiGIROLAMO. Thank you, Mr. Speaker. Representative Zimmerman has a guest page, Natalie Eberly. Would I be in order at this time to make a committee Natalie. Her mom, Priscilla, is in the rear of the House. Mom, if announcement, a voting announcement for tomorrow morning? you want to stand, please. Great. Thank you for being with us. The SPEAKER. Yes, you may, sir, please. And Representative David Millard has a guest page, Taylor Mr. DiGIROLAMO. I would like to announce for the House Kilmer. Taylor, thanks for being with us today. Human Services Committee, we have a hearing scheduled You have got an exciting day ahead of you here. We have a tomorrow morning at 9:15 in G-50 Irvis Office Building. lot on the agenda. I would like to call that we are going to have a voting meeting at 9 o'clock before the hearing. We will be voting HB 1248. We CUMBERLAND VALLEY HIGH SCHOOL have one bill, HB 1248, and that is the Human Services BOYS WATER POLO TEAM PRESENTED Committee tomorrow morning at 9 o'clock. Thank you, Mr. Speaker. The SPEAKER. Now we are going to bring up The SPEAKER. Thank you, Chairman DiGirolamo. Thank Representative , Representative , you, sir. and Representative Steve Bloom. They are invited to the There will be a Human Services Committee meeting rostrum for the purpose of presenting a championship citation. tomorrow morning at 9 o'clock in room G-50, Irvis Office I think this might be another team that beat one of my teams – Building. oh my – but we are glad to have them here. So Representative Greg Rothman is going to lead us off, GUESTS INTRODUCED I believe. Members, if you will please take your seats. If you will The SPEAKER. Members, please take your seats. We are please take your seats. going to introduce a number of our guests here today. As with any of our champions, this is a special opportunity, Located to the left of the rostrum, we welcome Devon Keller and it is for us as well. and Nathan Abrisch. Please stand. They are shadowing All members, please take your seats. If we could close the Representative today. Great to have you, young doors of the House temporarily. men. Thank you very much for being with us. Representative Rothman, the floor is yours. We have some guests here of the Montgomery County Staff members, if you could, if you have to have a delegation. They are guests of Representatives Toepel, Harper, conversation, we would ask that you please take it off the House , Representative Dean, and Representative floor. We realize that work has to get done, but we would ask DeLissio. I am going to announce these guests, if you will that you do it off the House floor. please stand. They attend Montgomery County Community Representative Rothman, please proceed. College. They are shadowing these legislators for the day. We Mr. ROTHMAN. Thank you, Mr. Speaker. have Brianna Shields, Marlene Cooper, Savannah Lambert, I am joined today by two of my colleagues, Representative Aviele Watts, Laura Warren, Kapriva Powell-Stewart, and Bloom and Representative Keefer. The three of us have the Chardanay White. Thank you so much, young ladies, for being honor to represent Cumberland Valley High School and stand with us. It is great to have you here. today to recognize an exceptional and remarkable group of men from Cumberland Valley High School.

2017 LEGISLATIVE JOURNAL—HOUSE 567

This is the Cumberland Valley High School Water Polo On March 17, at the PIAA Swimming Championships at Team and the current Pennsylvania State champion, which has Bucknell University, Connor won the Class AAA boys back-to-back State championships, the Cumberland Valley 200-yard individual medley at a time of 1:50.83. A day later Eagles. Connor capped his brilliant high school career by finishing third The team beat Wilson High School by a score of 13 to 4 in in the 100-yard breaststroke. the semifinals to make it to the championship game. Once in the Connor is not just a great champion but a great friend, and championship, the team beat North Penn High School by a family friend, as well. He and my daughter, Rebecca, have score of 12 to 5, which capped off a perfect season of 31 wins competed on a club swim team together for 5 years, and in fact, and 0 losses. Connor registered to vote in my living room. Coach Corey Pelow was voted the State "Coach of the Year." Connor has been a top-notch swimmer for many years. He Crawford Smith was voted the Pennsylvania "Player of the most recently finished fourth in the 200 individual medley at the Year" by the Coaches' Association. Winter Junior Nationals in Columbus, Ohio, and he placed in And, Mr. Speaker, if I could take a moment to point out that the top 10 in the 400 IM, the 200 breast, and the 200 backstroke. Crawford Smith, later in June, this summer, will become a He was invited to train at the Olympic Training Camp in Midshipman and attend the U.S. Naval Academy. Crawford Colorado Springs in 2015. Smith. Having spent a little bit of time there, I told him, "You And not only does Connor succeed in the pool but in the do realize you're not going to college if you're going to the classroom as well. He is an honor roll student and a member of Naval Academy." the National Honor Society, the Spanish National Honor Smith and one of his cocaptains, Kaelin Wolf, were voted as Society, and he has been named a USA Swimming Scholastic first-team All-State players, along with their teammates Isaac All-American in each of his four high school years. He will Cantrell and Jacob Deckman. And Jake Deckman will be going continue his swimming and his academic career at Virginia to Penn State University, where he will be swimming. The other Tech University in the fall, where he plans to major in team captain, Tyler Francis, was honored by being selected as a biochemistry. second-team All-State player, Pierce Sweeny was selected as a My wife, Liz, and I spent many hours poolside with the third-team All-State player, and Jack Dengler received an Doyles. In fact, Liz is here in the chamber with the Doyles this All-State honorable mention. This is truly an exceptional group afternoon, and I know that Connor would not have gotten to this of athletes. point in his life without the love and support and the many early Mr. Speaker, these young student athletes made their morning and late-night hours of his family. And it is my families proud, their school proud, and our community proud. pleasure to welcome Connor's parents, Gregg and Nicole Doyle, I ask my colleagues to join me in congratulating Coach and his aunt, Angela Rehak, to our chamber today. Pelow and the Cumberland Valley High School Water Polo Colleagues, please join me in congratulating your 2017 Team on their fantastic perfect season. 200 individual medley swimming champion, State champion, The SPEAKER. Representative Keefer? Representative Connor Doyle, and his family on his entire outstanding high Bloom? school swimming career. Thank you. The rest of the team is back in the left-hand corner. Please The SPEAKER. Connor, outstanding, and we wish you the stand. best at Virginia Tech. Outstanding season, 32 and 0. Thanks for joining us here today, and congratulations. LEAVE OF ABSENCE CANCELED Please open the doors of the House. The team is headed off to the Senate. The SPEAKER. Representative Will Tallman is on the House floor. Everybody wave. I saw him waving there, that is CONNOR DOYLE PRESENTED why. He should be placed back on the master roll.

The SPEAKER. Representative is invited to MINERSVILLE AREA HIGH SCHOOL the rostrum to present a citation to a champion. GIRLS BASKETBALL TEAM PRESENTED Representative Warren is joined by Representative Galloway, and, sir, the floor is yours. The SPEAKER. Representative is invited to Members, I would ask you to please take your seats. the rostrum. We have a championship team for him to present a Members, please take your seats. This champion came here citation to. from Bucks County today to see us, and I know his parents are Representative Goodman. here as well. Please take your seats. Members, please take your seats. Members, please take your We are going to wait until the water polo champions exit – seats. These young ladies have traveled from Schuylkill County. I think they are going over to the Senate – before we start. Representative Goodman, the floor is yours, sir. I would ask the Sergeants at Arms to temporarily close the Mr. GOODMAN. Thank you, Mr. Speaker. doors. Members, please take your seats. All members, please Thank you for the opportunity to recognize the Minersville take your seats. High School Girls Basketball Team, this year's PIAA State Representative Warren, the floor is yours, sir. Class AA Girls Basketball Champions. Through hard work and Mr. WARREN. Thank you, Mr. Speaker. dedication, the Battlin' Miners defeated Bishop McCort High I rise today, along with Representative Galloway, to honor School with a score of 63 to 49 to cap off an undefeated season Connor Doyle. Connor is a Lower Makefield Township resident of 31 wins and capture Minersville's first State girls basketball and a senior at Pennsbury High School. title. The journey to the State title really began 3 years ago. 568 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Anyone who follows the game of basketball could tell that this And today we have Maxine Malvar, a true talent, a young team was developing into something special, and by the lady who started performing when I think she was about 7 or 8, beginning of the 2016-17 season, they were ranked number one and I remember her— in the State. The SPEAKER. Representative Sainato, if you will just Anyone who knows the type of pressure that comes from suspend for a second. being the team to beat, the Minersville ladies kept their Mr. SAINATO. Sure. composure, and with the help of their coaches and six senior The SPEAKER. Members, please take your seats. players, they turned in a season that can only be described as This young lady has traveled well over 4 hours to be with us magical. today, well over 4 hours, and if we could just give her a few Minersville Area is a small school, oftentimes graduating moments, because it is exciting what she has accomplished. less than 100 students, and if some of these girls look familiar to If everybody would please take their seats. you, it is because some of them were here last year as the Representative Sainato, I apologize. 2016 State champions in softball. Mr. SAINATO. Thank you, Mr. Speaker. The Battlin' Miners know how to win State titles: This is the As I was saying, Maxine has done so much in our school's 11th State championship, which includes nine softball community with the New Castle Playhouse Mini Stars, and she titles and one baseball title. They are the pride of Minersville has done so much with the Kennedy School, and when you and all of Schuylkill County. look, you will see she will be representing us, the State of I want to congratulate head coach Jared Homa and assistant Pennsylvania, at the nationals. So we are very proud of her. coaches David Homa, Caitlin Murphy, John Drasdis, Shana I join my colleagues, Parke Wentling and ; Yourey, and Megan Melenchick for guiding this remarkable we all share parts of Lawrence County. Maxine will be group of student athletes. representing us as well as each and every one of you when she I also want to recognize the six seniors – Abby Schoffstall, goes on to represent the State of Pennsylvania. So I would just Sarah Nawrocki, Emily Mealy, Adrienne Kroznuskie, Maura like to say that we are very proud of her. We are very proud of Bentz, and Kristen Lowe – who ended their careers by being the program in Lawrence County. We are very proud of each part of a team that compiled a 111-and-6 record over 4 years. and every one of the young ladies who participated, and I am Please join me in welcoming the Minersville Area 2016-17 very happy to be able to participate. State PIAA Class AA undefeated State champions. Thank you, I am going to call on my colleague, Parke Wentling, now to Mr. Speaker. say a few words, and then we will be presenting the citation. The SPEAKER. That is 31 and 0 – not one loss. The SPEAKER. Representative Wentling, the floor is yours, Congratulations, ladies. sir. I am remiss. The other teammates, where are you? Stand up, Mr. WENTLING. Mr. Speaker and members of the House, please, on the Minersville team. It is great to have you here. today Representatives Sainato, Bernstine, and I are more than Well, I should have had you stand up. My fault. We are very, happy to recognize a very talented woman from Lawrence very honored to have you here. County. Miss Maxine Malvar, who is from New Wilmington, which is in the 17th District, was named as the MAXINE MALVAR PRESENTED 2017 Pennsylvania Distinguished Young Woman. Her road to the title was undoubtedly challenging, yet she persevered, The SPEAKER. Representative Sainato of Lawrence mesmerized the judges, and earned the right to be called our County, Representative Wentling – covers four counties – State's Distinguished Young Woman. Representative Bernstine, all the counties near the Ohio border. Though Maxine accomplished her goals by winning the So they have some guests here that I am sure have traveled quite competition, she has set more lofty goals and plans to go to some distance. If they could come up to do the presentation, that college and become an attorney. In a room where a number of would be great – Representative Sainato, Representative State Representatives are members of the bar, I think it is safe to Wentling, Representative Bernstine. I think Representative say you have made a very smart career choice, Maxine. Sainato is going to lead us off. I also think it is safe to say that we wish you nothing but the Members, please take your seats. Staff members, if there are best as you embark on your next step in life, and know that we any conversations, I would just appreciate if you could take it are already proud of your accomplishments. off the House floor. So thank you very much, Mr. Speaker, and congratulations. Representative Sainato, the floor is yours, sir. The SPEAKER. Thank you. Mr. SAINATO. Thank you, Mr. Speaker. Congratulations, Maxine. Outstanding. It is a true honor to be here, and I have to say this: This is the We are going to turn to the regular House calendar first for third time since 2009 that Lawrence County has had the resolutions because we have some special guests. Pennsylvania Distinguished Young Woman, and that is, Representative Kinsey, we are going to do that resolution actually, I think very unprecedented to have three within right now. 8 years, and each one of the young ladies that has come has truly represented Pennsylvania at the national level. STATEMENT BY MR. KINSEY And I would like to commend, first, Rosanne Palladino, who coordinates the program in Lawrence County, who keeps giving The SPEAKER. Representative Kinsey is first recognized on us the quality of student that represents the State. unanimous consent.

2017 LEGISLATIVE JOURNAL—HOUSE 569

Mr. KINSEY. Thank you, Mr. Speaker. Brown, R. Fritz Marshall Ryan Healthy change: it is the simple idea behind a nonprofit Brown, V. Gabler Marsico Saccone Bullock Gainey Masser Sainato organization that has been a Philadelphia staple for 25 years. Burns Galloway Matzie Sankey The Food Trust helps provide affordable, nutritious food to Caltagirone Gergely McCarter Santora everyone no matter where they live. Over the years the people Carroll Gillen McClinton Saylor behind this generous organization have brought supermarkets to Causer Gillespie McGinnis Schemel Cephas Godshall Mehaffie Schlossberg neighborhoods where one has never existed before. They have Charlton Goodman Mentzer Schweyer helped corner store owners introduce fresh produce, low-fat Comitta Greiner Metcalfe Sims dairy, and whole grains to their customers, and taught young Conklin Grove Metzgar Snyder and old people to better appreciate healthy foods. These acts are Cook Haggerty Miccarelli Solomon Corbin Hahn Millard Sonney what earned the Food Trust national recognition. Corr Hanna Miller, B. Staats The Food Trust was ranked number two in a list of the top Costa, D. Harkins Miller, D. Stephens nonprofits in America working in the field of child nutrition and Cox Harper Milne Sturla health. In fact, former First Lady Michelle Obama gave the Cruz Harris, A. Moul Tallman Culver Harris, J. Mullery Thomas Food Trust a shout-out during remarks on healthier initiatives Cutler Heffley Murt Tobash for our children across the United States. Daley Helm Mustio Toepel Most recently, Get HYPE Philly!, a pack of 10 organizations Davidson Hickernell Neilson Toohil in Philadelphia and led by the Food Trust, received the Davis Hill Nelson Topper Dawkins Irvin Nesbit Vazquez inaugural "Health Means Business Healthy10" award from the Day Jozwiak Neuman Vitali United States Chamber of Commerce Foundation. Because of Dean Kampf O'Brien Walsh these accolades, Mr. Speaker, it is my honor and privilege to Deasy Kaufer O'Neill Ward recognize the Food Trust to commemorate its 25th anniversary. DeLissio Kauffman Oberlander Warner Delozier Kavulich Ortitay Warren Mr. Speaker, I would like for the members of the chamber to DeLuca Keefer Pashinski Wentling help me in welcoming Yael Lehmann, the executive director of Dermody Keller, F. Peifer Wheatley the Philadelphia Food Trust; John Weidman, the deputy Diamond Keller, M.K. Petrarca Wheeland executive director; Dwayne Wharton, director of external DiGirolamo Keller, W. Petri White Donatucci Kim Pickett Youngblood affairs; Kamaryn Norris, coordinator; Jordan Muse, associate; Dowling Kinsey Pyle Zimmerman and Eugénie Elie, a Get HYPE Philly! fellow. Mr. Speaker, they Driscoll Kirkland Quigley are in the back, and if you could just stand and be recognized on Dunbar Klunk Quinn, C. Turzai, the floor of the House. I want to thank them for being here with Dush Knowles Quinn, M. Speaker Ellis us this morning, Mr. Speaker. The SPEAKER. Thank you, Representative Kinsey. NAYS–0 At this time we are going to be doing two resolutions back to back dealing with some distinguished guests. NOT VOTING–0

EXCUSED–12 CALENDAR Christiana Hennessey McNeill Simmons RESOLUTIONS PURSUANT TO RULE 35 Costa, P. James Rabb Taylor Fabrizio Mako Samuelson Watson

Mr. KINSEY called up HR 279, PN 1523, entitled:

A Resolution remembering the distinguished military service and The majority having voted in the affirmative, the question widely respected citizenship of retired Air Force Major John L. was determined in the affirmative and the resolution was Harrison, Jr., a decorated Tuskegee Airman and longtime resident of adopted. the City of Philadelphia's Society Hill neighborhood who died on March 22, 2017, at 96 years of age. * * * On the question, Will the House adopt the resolution? Mr. KINSEY called up HR 280, PN 1524, entitled:

A Resolution designating April 3, 2017, as "Tuskegee Airmen The following roll call was recorded: Day" in Pennsylvania.

YEAS–191 On the question, Will the House adopt the resolution? Baker Emrick Kortz Rader Barbin English Krueger Rapp Barrar Evankovich Kulik Ravenstahl The following roll call was recorded: Benninghoff Evans Lawrence Readshaw Bernstine Everett Lewis Reed YEAS–191 Bizzarro Farry Longietti Reese Bloom Fee Mackenzie Roae Baker Emrick Kortz Rader Boback Fitzgerald Madden Roe Barbin English Krueger Rapp Boyle Flynn Maher Roebuck Barrar Evankovich Kulik Ravenstahl Bradford Frankel Maloney Rothman Benninghoff Evans Lawrence Readshaw Briggs Freeman Markosek Rozzi 570 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Bernstine Everett Lewis Reed Mr. KINSEY. Thank you, Mr. Speaker. Bizzarro Farry Longietti Reese Mr. Speaker, I want to thank my colleagues for their vote on Bloom Fee Mackenzie Roae Boback Fitzgerald Madden Roe HR 279. Boyle Flynn Maher Roebuck I also want to thank Representative Lewis and Bradford Frankel Maloney Rothman Representative Sainato for standing here with me in support of Briggs Freeman Markosek Rozzi Tuskegee Airmen Day. Brown, R. Fritz Marshall Ryan Brown, V. Gabler Marsico Saccone Mr. Speaker, if you look up the Tuskegee Airmen, you will Bullock Gainey Masser Sainato find the motto "Giving History a Future." Burns Galloway Matzie Sankey Today we are honoring the first African-American military Caltagirone Gergely McCarter Santora aviators in the United States Armed Forces. Their history is Carroll Gillen McClinton Saylor Causer Gillespie McGinnis Schemel remarkable. They fought two wars at once – World War II, Cephas Godshall Mehaffie Schlossberg which was far from their home, and the war against segregation Charlton Goodman Mentzer Schweyer on their own home soil. Comitta Greiner Metcalfe Sims Mr. Speaker, their history speaks for itself. From 1941 to Conklin Grove Metzgar Snyder Cook Haggerty Miccarelli Solomon 1946, we had 994 pilots that graduated under the Tuskegee Corbin Hahn Millard Sonney program, 15,000 sorties were flown between May of 1943 and Corr Hanna Miller, B. Staats June of 1945, 450 Tuskegee pilots were sent overseas, Costa, D. Harkins Miller, D. Stephens 150 Tuskegee pilots lost their lives, 66 Tuskegee pilots were Cox Harper Milne Sturla Cruz Harris, A. Moul Tallman killed in action, 32 Tuskegee pilots were taken as prisoners of Culver Harris, J. Mullery Thomas war – and every bit of that history brings us to today. Cutler Heffley Murt Tobash It is hard to ignore the fact that the history of the Tuskegee Daley Helm Mustio Toepel Airmen is a very challenging but yet a very inspiring one. We Davidson Hickernell Neilson Toohil Davis Hill Nelson Topper stand to remember their service and the ideals they sacrificed Dawkins Irvin Nesbit Vazquez for, and to offer our respect to them by honoring these brave Day Jozwiak Neuman Vitali men for all they have done for our country. Dean Kampf O'Brien Walsh The Tuskegee Airmen and their 52 national chapters are still Deasy Kaufer O'Neill Ward DeLissio Kauffman Oberlander Warner standing strong today with the work that is attached to their Delozier Kavulich Ortitay Warren name – awarding young cadets with the opportunity to enter the DeLuca Keefer Pashinski Wentling Armed Forces, providing young scholars with the means to Dermody Keller, F. Peifer Wheatley continue their education, and teaching our youth what it is like Diamond Keller, M.K. Petrarca Wheeland DiGirolamo Keller, W. Petri White to take flight and inspiring them to someday create their own Donatucci Kim Pickett Youngblood history. Dowling Kinsey Pyle Zimmerman Mr. Speaker, we are honored today to have with us one of Driscoll Kirkland Quigley the original Tuskegee Airmen. His name is Mr. Nathan Thomas. Dunbar Klunk Quinn, C. Turzai, Dush Knowles Quinn, M. Speaker Mr. Nathan Thomas, will you please stand. Mr. Speaker, I want Ellis to thank Mr. Nathan Thomas for all that he has done. And also, Mr. Speaker, I want to recognize the group that is NAYS–0 with Mr. Nathan Thomas. He is joined by Mr. Melvin Payne, who is the president of the Greater Philadelphia chapter of the NOT VOTING–0 Tuskegee Airmen; and in fact, I am going to ask all of the

EXCUSED–12 members of the Philadelphia chapter of the Tuskegee Airmen to please stand and be recognized by the House of Representatives. Christiana Hennessey McNeill Simmons Thank you, Mr. Speaker. We want to thank these gentlemen Costa, P. James Rabb Taylor and ladies for keeping the Tuskegee Airmen legacy alive. Fabrizio Mako Samuelson Watson The SPEAKER. We are going to proceed to HR 279. Representative Kinsey, the floor is yours. The majority having voted in the affirmative, the question Mr. KINSEY. Thank you again, Mr. Speaker. was determined in the affirmative and the resolution was Mr. Speaker, just a second ago I talked about the legacy of adopted. the Tuskegee Airmen and all they have done for this country. Well, this resolution, Mr. Speaker, is honoring a Tuskegee STATEMENTS BY MR. KINSEY Airman who is no longer with us today. Mr. Speaker, we are remembering the distinguished military The SPEAKER. Representative Kinsey is called upon with service and widely respected citizenship of retired Air Force respect to HRs 279 and 280. Maj. John L. Harrison, Jr., a decorated Tuskegee Airman and a Members, we have some very, very distinguished guests longtime resident of the city of Philadelphia, who passed away here. I would ask everybody to please take their seats. Please on March 22, 2017, at the age of 96. take your seats. Major Harrison was born in Kansas on December 14, 1920. Representative Kinsey, the floor is yours. It will be with He graduated from Omaha University in Nebraska. He respect to both HRs 279 and 280, as they are related. specialized in flight training as a command pilot that began with a segregated military unit in Alabama, where he was one of the

2017 LEGISLATIVE JOURNAL—HOUSE 571 original Tuskegee Airmen. In his service with the Air Force and "Along with many accolades including awards from its predecessor military branch, the Army Air Corps, Major Billboard, Cashbox and Record World, country music legend Harrison bravely met the challenges of combat and the Jeannie Seely has achieved No. 1 songs as a solo artist, duet continuing challenges of discrimination. Major Harrison partner and songwriter. Early in her career, Jeannie's deeply attained distinction as the first African-American pilot and flight moving vocals aptly earned her the nickname of 'Miss Country commander to regularly fly transatlantic and transpacific flights Soul.' for the United States Military Air Transport Service. "Jeannie's recording of 'Don't Touch Me' not only topped the And whereas, following his retirement from the Air Force in country music charts, but also earned her a Grammy Award for 1963, Major Harrison was a Peace Corps Foreign Service the 'Best Country Vocal Performance by a Female.' It is ranked Reserve officer stationed in East Africa. at No. 97 in the book Country Music's 500 Greatest Singles Major Harrison later served as an official in the published by the Country Music Foundation, and it's also administrations of President Richard Nixon and Gov. Dick included in The Stories Behind Country Music's All-Time Thornburgh, and later became an executive with Girard Bank Greatest 100 Songs . and Boeing Aircraft. "Born in Titusville, Pennsylvania, and raised on a farm Major Harrison earned the Air Force Longevity Service outside of nearby Townville," in Crawford County, "Jeannie Award with four oak leaf clusters, and with his fellow surviving was singing on Meadville radio station WMGW at age 11. By Tuskegee Airmen, Major Harrison was awarded the 16 she was performing on TV station WICU in Erie. When she Congressional Gold Medal in 2007. moved to Nashville upon the encouragement of friend Dottie Mr. Speaker, I want to thank the members of the House of West, Jeannie only had $50 and a Ford Falcon to her name, but Representatives for remembering the distinguished military within a month Porter Wagoner hired her as the female singer service and widely respected citizenship of retired Air Force for his road and television series. Maj. John L. Harrison, Jr., a decorated Tuskegee Airman and a "On September 16, 1967, Jeannie's biggest dream came true longtime resident of the city of Philadelphia. when she became the first Pennsylvania native to become a Thank you, Mr. Speaker. member of the world famous Grand Ole Opry." She is still the The SPEAKER. We are going to close the doors of the only Pennsylvania native to become an Opry member. "Jeannie House. subsequently became the first female to regularly host segments I wish I had had the opportunity to meet this outstanding of the weekly Opry shows. She's also credited for wearing the individual. first mini-skirt on the Opry stage, as well as for changing the We are going to have a moment of silence. If everybody image of female country performers. could please stand, including our guests, as we remember the "A BMI-awarded songwriter, Jeannie's songs have been life of Air Force Maj. John L. Harrison, Jr. recorded by Country Music Hall of Fame members Faron Young, Merle Haggard, Ray Price, Willie Nelson, Ernest Tubb (Whereupon, the members of the House and all visitors stood and Little Jimmy Dickens, as well as by many other artists in a moment of silence in solemn respect to the memory of including Norma Jean, Doyle Lawson, Lorrie Morgan, Connie Maj. John L. Harrison.) Smith, Irma Thomas, Dottie West and Tex Williams. "With Opry member Jack Greene, Jeannie recorded the hit The SPEAKER. You may be seated. 'Wish I Didn't Have To Miss You' which began a series of Representative Kinsey, thank you very, very much. successful duet recordings – and launched one of the most Please open the doors of the House. popular road shows in country music history. For over a decade, Jack and Jeannie toured and performed together at venues that FILMING PERMISSION included New York's Madison Square Garden and London's Wembley Arena. The SPEAKER. Kelli Wasilauski is here to take photos with "Along with placing records on the Billboard country singles respect to use in a press release, and she has been given chart for 13 consecutive years, Jeannie also served as a radio permission to be on the House floor. disc jockey on her own Armed Forces Network Show, traveled on military tours throughout Europe and Asia, made numerous appearances on national television shows, published her own RESOLUTION PURSUANT TO RULE 35 book of witticisms titled Pieces of a Puzzled Mind and starred in several…stage productions including Always , Patsy Cline …. Ms. RAPP called up HR 259, PN 1470, entitled: Jeannie also appeared in Willie Nelson's Honeysuckle Rose A Resolution honoring Jeannie Seely on her 50th anniversary of movie and sang on the platinum soundtrack…. being a member of the Grand Ole Opry. "Jeannie has been known throughout her career as an individualist, as well as for her infectious humor. Despite On the question, personal and career setbacks that range from a 1977 near-fatal Will the House adopt the resolution? auto accident to a devastating flood in 2010 in which she lost" almost everything, including "her home, car and personal The SPEAKER. Representative Rapp, you may come up to belongings, Jeannie Seely has remained a survivor with her the reader's rostrum. sense of humor intact. Ms. RAPP. Thank you, Mr. Speaker. "From her 1966 Top 10 Billboard album The Seely Style to It is truly an honor to stand before you today to honor a very her 2011 self-produced CD Vintage Country , Jeannie's accomplished fellow Pennsylvanian, Jeannie Seely. recordings have spanned six decades and provided enjoyment to country music fans all around the world. 572 LEGISLATIVE JOURNAL—HOUSE APRIL 25

"In his book Finding Her Voice: Women in Country Music , Day Jozwiak Neuman Vitali music critic Robert K. Oermann writes, 'With her chin-out, Dean Kampf O'Brien Walsh Deasy Kaufer O'Neill Ward tough/tender, heart-of-gold manner, Jeannie Seely remains one DeLissio Kauffman Oberlander Warner of country's most completely modern female personalities.'" Delozier Kavulich Ortitay Warren And with talking to Jeannie, one of the things that she said to DeLuca Keefer Pashinski Wentling me is that of all the things she is most proud of, she is very Dermody Keller, F. Peifer Wheatley Diamond Keller, M.K. Petrarca Wheeland proud of being a Pennsylvania citizen representing DiGirolamo Keller, W. Petri White Pennsylvania, Titusville, and Townville at the Grand Ole Opry. Donatucci Kim Pickett Youngblood So, ladies and gentlemen, I would like to recognize Jeannie Dowling Kinsey Pyle Zimmerman Seely, who is here today to my left. Jeannie, if you would please Driscoll Kirkland Quigley Dunbar Klunk Quinn, C. Turzai, rise, on your 50th anniversary of being a member of the Grand Dush Knowles Quinn, M. Speaker Ole Opry. Gene Ward, Jeannie's husband, a retired Nashville Ellis attorney. Gene, if you would please rise. And in the back, here with Jeannie today, are Gus Arrendale, the owner of Springer NAYS–0 Mountain Farms chicken in Baldwin, Georgia; Karen McIntyre, also a friend of Jeannie's; Ron Harman – if you would please NOT VOTING–0 stand, in the back of the House – who is Jeannie's media rep and EXCUSED–12 also from Tionesta, Pennsylvania; and Jeannie's PR representative and professional photographer, Kelli Christiana Hennessey McNeill Simmons Wasilauski. Kelli. Costa, P. James Rabb Taylor If you would please recognize Jeannie with a round of Fabrizio Mako Samuelson Watson applause, I would truly appreciate it. Congratulations, Jeannie, from the House of Pennsylvania. And my colleagues, if you would please support HR 259 in The majority having voted in the affirmative, the question honor of Jeannie Seely. Thank you. was determined in the affirmative and the resolution was Thank you, Mr. Speaker. adopted. The SPEAKER. Thank you, Representative Rapp. UNCONTESTED CALENDAR On the question recurring, Will the House adopt the resolution? RESOLUTIONS PURSUANT TO RULE 35

The following roll call was recorded: Mr. MURT called up HR 200, PN 1209, entitled:

YEAS–191 A Resolution designating the month of May 2017 as "SPG47 Awareness Month" in Pennsylvania. Baker Emrick Kortz Rader Barbin English Krueger Rapp * * * Barrar Evankovich Kulik Ravenstahl Benninghoff Evans Lawrence Readshaw Bernstine Everett Lewis Reed Mr. MURT called up HR 201, PN 1210, entitled: Bizzarro Farry Longietti Reese Bloom Fee Mackenzie Roae A Resolution designating the month of May 2017 as "Yoga Boback Fitzgerald Madden Roe Awareness Month" in Pennsylvania. Boyle Flynn Maher Roebuck Bradford Frankel Maloney Rothman * * * Briggs Freeman Markosek Rozzi Brown, R. Fritz Marshall Ryan Brown, V. Gabler Marsico Saccone Mr. MURT called up HR 202, PN 1211, entitled: Bullock Gainey Masser Sainato Burns Galloway Matzie Sankey A Resolution designating the month of May 2017 as "Cancer Caltagirone Gergely McCarter Santora Caregivers Recognition Month" in Pennsylvania and honoring the vital Carroll Gillen McClinton Saylor role caregivers play in the lives of cancer patients. Causer Gillespie McGinnis Schemel Cephas Godshall Mehaffie Schlossberg * * * Charlton Goodman Mentzer Schweyer Comitta Greiner Metcalfe Sims Conklin Grove Metzgar Snyder Mr. MACKENZIE called up HR 235, PN 1342, entitled: Cook Haggerty Miccarelli Solomon Corbin Hahn Millard Sonney A Resolution designating April 26, 2017, as "Pretzel Day" in Corr Hanna Miller, B. Staats Pennsylvania. Costa, D. Harkins Miller, D. Stephens Cox Harper Milne Sturla * * * Cruz Harris, A. Moul Tallman Culver Harris, J. Mullery Thomas Cutler Heffley Murt Tobash Mr. ZIMMERMAN called up HR 242, PN 1349, entitled: Daley Helm Mustio Toepel Davidson Hickernell Neilson Toohil A Resolution recognizing April 29, 2017, as "World Veterinary Davis Hill Nelson Topper Day" in Pennsylvania. Dawkins Irvin Nesbit Vazquez 2017 LEGISLATIVE JOURNAL—HOUSE 573

* * * CONSIDERATION OF RESOLUTIONS PURSUANT TO RULE 35 Mr. EMRICK called up HR 257, PN 1433, entitled: CONTINUED

A Resolution designating the month of May 2017 as "Preeclampsia Awareness Month" in Pennsylvania. The SPEAKER. We are going to vote the uncontested calendar now. * * * On the question recurring, Mrs. BULLOCK called up HR 262, PN 1472, entitled: Will the House adopt the resolutions?

A Resolution recognizing the month of April 2017 as "Fair The following roll call was recorded: Housing Month" in Pennsylvania. YEAS–192 * * * Baker Emrick Krueger Rapp Mr. GILLEN called up HR 264, PN 1479, entitled: Barbin English Kulik Ravenstahl Barrar Evankovich Lawrence Readshaw A Resolution commemorating April 18, 2017, as "Doolittle Benninghoff Evans Lewis Reed Raiders Remembrance Day" in Pennsylvania. Bernstine Everett Longietti Reese Bizzarro Farry Mackenzie Roae Bloom Fee Madden Roe * * * Boback Fitzgerald Maher Roebuck Boyle Flynn Maloney Rothman Ms. HAHN called up HR 266, PN 1481, entitled: Bradford Frankel Markosek Rozzi Briggs Freeman Marshall Ryan A Resolution recognizing April 2017 as "Congenital Brown, R. Fritz Marsico Saccone Diaphragmatic Hernia Awareness Month" in Pennsylvania. Brown, V. Gabler Masser Sainato Bullock Gainey Matzie Samuelson Burns Galloway McCarter Sankey * * * Caltagirone Gergely McClinton Santora Carroll Gillen McGinnis Saylor Mr. READSHAW called up HR 274, PN 1519, entitled: Causer Gillespie Mehaffie Schemel Cephas Godshall Mentzer Schlossberg A Resolution recognizing the week of April 9 through 15, 2017, as Charlton Goodman Metcalfe Schweyer "National Library Week" in Pennsylvania. Comitta Greiner Metzgar Sims Conklin Grove Miccarelli Snyder Cook Haggerty Millard Solomon * * * Corbin Hahn Miller, B. Sonney Corr Hanna Miller, D. Staats Mr. KINSEY called up HR 278, PN 1522, entitled: Costa, D. Harkins Milne Stephens Cox Harper Moul Sturla A Resolution designating the month of April 2017 as "Community Cruz Harris, A. Mullery Tallman Service Appreciation Month" in Pennsylvania. Culver Harris, J. Murt Thomas Cutler Heffley Mustio Tobash Daley Helm Neilson Toepel * * * Davidson Hickernell Nelson Toohil Davis Hill Nesbit Topper Mr. SANTORA called up HR 282, PN 1526, entitled: Dawkins Irvin Neuman Vazquez Day Jozwiak O'Brien Vitali A Resolution designating the week of April 24 through 28, 2017, Dean Kampf O'Neill Walsh as "Every Kid Healthy Week" in Pennsylvania. Deasy Kaufer Oberlander Ward DeLissio Kauffman Ortitay Warner Delozier Kavulich Pashinski Warren On the question, DeLuca Keefer Peifer Wentling Will the House adopt the resolutions? Dermody Keller, F. Petrarca Wheatley Diamond Keller, M.K. Petri Wheeland DiGirolamo Keller, W. Pickett White The SPEAKER. Jeannie's Grammy Award-winning song Donatucci Kim Pyle Youngblood was "Don't Touch Me" if you don't love me, and she won that in Dowling Kinsey Quigley Zimmerman 1966. Driscoll Kirkland Quinn, C. Thank you so much for being with us today. Thank you. Dunbar Klunk Quinn, M. Turzai, Dush Knowles Rader Speaker Ellis Kortz LEAVE OF ABSENCE CANCELED NAYS–0 The SPEAKER. Representative Steve Samuelson is back on the House floor. NOT VOTING–0

EXCUSED–11

Christiana Hennessey McNeill Taylor Costa, P. James Rabb Watson Fabrizio Mako Simmons 574 LEGISLATIVE JOURNAL—HOUSE APRIL 25

The majority having voted in the affirmative, the question "WHEREAS, Pennsylvania is home to American's first was determined in the affirmative and the resolutions were veterinary school, the University of Pennsylvania, School of adopted. Veterinary Medicine, established in Philadelphia in 1884, an institution that continues to be a preeminent leader in veterinary The SPEAKER. Members, we have quite a few of our research and education; and colleagues that wish to speak on some of the uncontested "WHEREAS, Pennsylvania is the birthplace of organized resolutions. I am going to ask everybody to please come up veterinary medicine; and front who is going to speak so we can be very efficient about it. "WHEREAS, Veterinarians must continue to make We are going to start with Representative Zimmerman, advancements in disease control management, improve animal followed by Representative Mackenzie, followed by welfare and encourage and achieve a sustainable change in Representative Bullock, followed by Representative Gillen, behavior toward responsible and prudent antimicrobial use; and followed by Representative Santora, and closing will be "WHEREAS, The focus of Pennsylvania's veterinary Representative Murt. community is working with the Commonwealth and animal So we are going to start with Representative Zimmerman, agriculture stakeholders to address antimicrobial resistance then Representative Mackenzie, Representative Bullock, concerns and make necessary improvements; and Representative Gillen, Representative Santora, and "WHEREAS, 'World Veterinary Day' was first organized in Representative Murt. 2000 by the World Organization for Animal Health and the World Veterinary Association; therefore be it STATEMENT BY MR. ZIMMERMAN "RESOLVED, That the House of Representatives recognize the role of the veterinary profession in improving the health and The SPEAKER. Representative Zimmerman, the floor is welfare of all animals in Pennsylvania, from companion animals yours. to production animals to wildlife, and the profession's Mr. ZIMMERMAN. Thank you, Mr. Speaker. enhancement of public and environmental health throughout "Recognizing April 29, 2017, as 'World Veterinary Day' here Pennsylvania; and be it further in Pennsylvania. "RESOLVED, That the House of Representatives recognize "WHEREAS, 'World Veterinary— April 29, 2017, as 'World Veterinary Day' in Pennsylvania and The SPEAKER. Please suspend, sir. join other states and countries in celebrating 'World Veterinary Members, please take your seats. Any conversations, please Day.'" go off the House floor. Representative Zimmerman has guests Thank you, Mr. Speaker. with him today. I would like to clear the back row so he will be able to introduce those guests here shortly. Members, please GUESTS INTRODUCED take your seats. Representative Zimmerman, you may proceed. Mr. ZIMMERMAN. And I have some recognitions to make. Mr. ZIMMERMAN. Thank you, Mr. Speaker. Here on the House floor with me I am honored to have our State "WHEREAS, 'World Veterinary Day' is globally celebrated veterinarian, Dr. David Wolfgang. If you could all stand and to highlight and promote the different facets of work performed just remain standing until I introduce all of you. He spent quite by veterinarians across the world and to raise awareness of their a few years at Penn State and has been our State veterinarian for contribution to improve animal health and welfare and public a number of years. We just appreciate all your work here for health; and Pennsylvania and the Department of Agriculture. Also joining "WHEREAS, 'World Veterinary Day' recognizes the vital me is Dr. Gary Van Dyke. He is from the eastern part of role of veterinarians and acknowledges the high respect for Lancaster County and has a practice, a private practice along veterinarians, their challenging work, long hours, educational with a partner, and he is also joined by his wife, Maureen. Also, investments, dedication and compassion; and Dr. Keith Zimmerman from the Columbia area, also has a "WHEREAS, The World Veterinary Association and the private practice, working primarily with large animals. World Organization for Animal Health proclaimed the theme of Dr. Nathan Kapp with the Gap Veterinary Associates. Glad to 2017 'World Veterinary Day' as 'Antimicrobial Resistance – have him join us as well. Dr. Teri Coon with the AgVet group. From Awareness to Action'; and And also joining them is Allyson Anderson. Allyson is from "WHEREAS, All veterinary services and veterinary Potter County. She is a veterinarian student at the University of professionals play a key part in supporting the fight against Pennsylvania. And what is interesting is that Potter County has antimicrobial resistance through their role in regulating and no veterinarians that actually live in Potter County, so if you supervising the use of antimicrobials, offering professional need a veterinarian in Potter County, you really have to call advice to farmers and animal owners and collaborating with the them and they have to drive into Potter County. So we are glad human health sector; and to have Allyson as a vet student, and hopefully she will end up "WHEREAS, Pennsylvania is uniquely positioned to reduce back in Potter County some day and be a veterinarian in that the impact of antimicrobial resistance in animals and humans area. And as many of you know, that is Representative Marty and to address the needs of its residents in preventing health Causer's district, our chairman of the Agriculture Committee. care-associated infections in all health care settings because of So anyway, I appreciate all of you joining me, but in addition the critical resources enjoyed in this Commonwealth, such as to the 6 that I have just introduced, up in the gallery there are the Animal Health and Diagnostic Commission and the over 20 veterinarians from across Pennsylvania that are here for Pennsylvania Animal Diagnostic Laboratory System; and the morning as well, so help me in welcoming each of these veterinarians. The SPEAKER. Thank you, Representative Zimmerman. 2017 LEGISLATIVE JOURNAL—HOUSE 575

STATEMENT BY MR. MACKENZIE housing is access to opportunity – opportunities in employment, opportunities for education, opportunities for growth. The SPEAKER. Representative Mackenzie is recognized to Where we live directly affects our educational and health speak on HR 235. outcomes and life opportunities, such as school, transportation, Mr. MACKENZIE. Thank you, Mr. Speaker. employment, medical services, retail, recreation, entertainment, I also appreciate the members' affirmative vote on the and more. But it is this kind of access and opportunity that resolutions which were passed, one of which included a could not be more critical to the individuals who are in our resolution recognizing tomorrow, April 26, as Pennsylvania Commonwealth with criminal records. These individuals who "Pretzel Day." are experiencing housing discrimination often experience Pennsylvania is considered the birthplace of the United employment discrimination and are blocked out of educational States pretzel industry. We currently produce nearly 80 percent opportunities and other social services, and this has a of the nation's pretzels. Hard crispy and soft bread pretzels destabilizing effect that prevents these individuals and their come in all shapes and sizes and flavors and coatings. families from growing, and also presents other challenges. The soft pretzel originally was known as the bretzel, and it While the act does not specifically protect people with was first introduced by the Pennsylvania Dutch in southeastern criminal records, HUD recently released guidelines last year Pennsylvania. Many great Pennsylvania pretzel bakers like that state that because minorities, especially Blacks and Latinos, Unique Pretzel Bakery of Berks County are still located here. face disproportionate rates of arrest and incarceration, blanket In fact, the hard pretzel was first created at Sturgis Bakery in bans on tenants and homebuyers with a criminal history may Lititz in the 1850s to provide a more durable and marketable constitute potential violations of the Fair Housing Act. For this snack. Sturgis Bakery went on to become the first commercial reason I have also introduced legislation which mirrors the hard pretzel bakery in the United States. HUD guidance and provides clarity and guidance for landlords H.K. Anderson founded the Anderson Pretzel Bakery in here in Pennsylvania. 1888 in Lancaster, and it is still in operation today and calls Housing is a right of every American, but discriminatory itself the world's largest pretzel producer, making 65 tons of housing policies and practices deny people the opportunity to pretzels per day. fully experience and enjoy the so-called American dream. They The first automatic hard pretzel twisting machine was are locked out of choosing their own and being responsible for introduced by the Reading Pretzel Machinery Company, located their own home. The situation as I noted earlier is even worse in Reading, in 1935. And the first pretzel museum opened in for people of color who are much more likely than White Philadelphia in 1993. families to live in impoverished and resource-poor April 26 was originally declared "National Pretzel Day" by neighborhoods. In fact, three times as many poor U.S. Representative Robert S. Walker of Lancaster County in African-Americans and over twice as many poor Latinos live in 1983, and then again by former Gov. Ed Rendell here in resource-poor neighborhoods as compared to poor Whites. And Pennsylvania in 2003. African-Americans regardless of income are likely to live in a I would like to recognize some of the guests who are here neighborhood that is poor in resources and otherwise for more today who brought this issue to my attention. Specifically, than a decade, while only 10 percent of Whites do the same. Patrick H. Foose brought the idea to me, and he is joined by Despite the progress that has been made thanks to the Patrick M. Foose, Melinda Gordon, and Madison Bailey. All of Federal Fair Housing Act, from dismantling redlining practices them were already introduced, but I would like to recognize of the past to correcting exclusionary zoning laws of today, them again and recognize them; they are standing in the back more support is needed to achieve the elimination of housing there. So thank you, Patrick, for bringing this idea to my discrimination in all its forms. Looking forward to improve attention – a fantastic idea to recognize one of the great housing practices, eliminate housing discrimination, promote industries and foods that is here in Pennsylvania that we are residential and integration, and expand fair housing rights for all very proud of. Pennsylvanians, I invite my fellow House members to support Thank you again to Patrick, and thank you, Mr. Speaker, for HR 262 and to declare this April as "Fair Housing Month" in your time today. Pennsylvania and ensure that we work together to provide safe, affordable, and comprehensive housing for all. STATEMENT BY MRS. BULLOCK Thank you, Mr. Speaker. The SPEAKER. Thank you, Representative Bullock. The SPEAKER. Representative Donna Bullock is recognized on HR 262. STATEMENT BY MR. GILLEN Mrs. BULLOCK. Thank you, Mr. Speaker. This month marks the 49th anniversary of the Fair Housing The SPEAKER. Representative Mark Gillen is recognized to Act, landmark legislation that became law on April 11, 1968. In speak on HR 264. short, the act makes it illegal to discriminate against renters or Mr. GILLEN. Thank you very much, Mr. Speaker. homebuyers based on their race, color, religion, sex, or national I feel greatly privileged to be in the hall of the House with origin. Every year the United States Department of Housing and the Tuskegee Airmen who are with us. Many of those brave Urban Development and local housing agencies celebrate the airmen have regularly come out to the World War II weekend at anniversary of the act during the month of April, known as Fair the Reading Regional Airport. Housing Month. This year's Fair Housing Month theme is "Fair But I also want to acknowledge another brave group of Housing Equals Opportunity." This theme implies that access to aviators today. Seventy-five years ago this month, a call went out and the description of the mission was unspecified and the 576 LEGISLATIVE JOURNAL—HOUSE APRIL 25 aviators were told that it would be extremely hazardous. Once STATEMENT BY MR. MURT the secrecy was lifted, they realized that they were training to take B-25 Mitchell bombers off the deck of an aircraft carrier, The SPEAKER. Representative . the USS Hornet . Mr. MURT. Thank you, Mr. Speaker. On April 18, 1942, 16 planes and 80 aviators departed on a Mr. Speaker, I would like to speak in reference to HR 202. mission that was indeed extremely hazardous, and before that Mr. Speaker, the American Cancer Society estimates that this mission was to be consummated, some of them had drowned, year alone more than 81,000 new cases of cancer will be others were taken into captivity by the Japanese, some were diagnosed in the Commonwealth of Pennsylvania, and many of executed, one was starved to death, and one flight crew actually these patients will require support from family members who landed in the Soviet Union. They were not done serving, are critical to the health-care providers. because over the course of the next 15 months in various Mr. Speaker, known as lay caregivers, these unpaid theaters of conflict, another dozen of those men lost their lives. caregivers are, in many cases, a husband or wife, a partner, or A few months ago in our legislative district, we recognized an adult child. For many who are single, close friends, the 75th anniversary of Pearl Harbor, and indeed we had one coworkers, and neighbors fill in this role. These caregivers known survivor of Pearl Harbor after those long 75 years provide 80 percent of the home-care services – that is passed. But it was not just a few months after that that we lost 80 percent, Mr. Speaker – which are often a complex array of that survivor. On the 70th anniversary of Pearl Harbor, we had tasks including physical, psychological, spiritual, and emotional three Pearl Harbor survivors on the floor of the State House of support. Representatives, and within a couple of years, all of them had While caring for an individual with cancer can be stepped out into eternity. extraordinarily stressful, many caregivers find satisfaction in There were 80 aviators and I think it is appropriate to providing care for a loved one struggling with cancer. Many acknowledge all 80, though I will only mention a couple names cancer patients are deeply grateful to their caregivers for their this afternoon. Last year the 79th aviator, David Thatcher, love and dedication, their devotion, weathering the challenges passed on into eternity, in June of 2016. That remarkably leaves and setbacks of cancer treatment, and sharing the triumphs with us with one Doolittle Raider that is left. Richard Cole, 101 years them. old, is the only surviving member of the Doolittle Raiders. That support does not end after treatment concludes, Ladies and gentlemen, these were the best and the brightest. Mr. Speaker. This is why our caregivers need our help and They were volunteers who willingly took on what was support, and deserve it. It is also why I thank my colleagues for described as an extremely hazardous mission. And once that declaring May "Cancer Caregivers Recognition Month" in the celebrated mission was over, they never forgot country and Commonwealth of Pennsylvania. valor and duty and honor as they continued to serve in the United States Armed Forces. REMARKS SUBMITTED FOR THE RECORD Remarkably, Richard Cole is 101 years old, and as I spoke with him a few years ago and he signed an autograph for one of Mr. MURT. Mr. Speaker, I would also like to submit my daughters, something that stood out in my mind during the comments for the record regarding HR 200. Thank you. course of that conversation – there has been a lot in Hollywood about swashbuckling and aberrant courage, but what I heard and Mr. MURT submitted the following remarks for the I saw in this man's life, and I believe was embodied in all of the Legislative Journal: Doolittle Raiders, was that love for community and family and country blended with humility. There is one Raider left, and on I want to thank my colleagues for supporting HR 200 to raise this 75th anniversary, there is no guarantee that we will have a awareness of hereditary spastic paraplegia. 76th anniversary with any of the Raiders yet alive. Hereditary spastic paraplegia is a group of degenerative genetic We have a debt of gratitude today not only to the Tuskegee disorders that impact the spinal cord and is characterized by stiffness Airmen, but the Doolittle Raiders. And it behooves us to and progressive weakness of the affected person's legs. This illness can occasionally pause from the busyness of life and legislation to have many degrees of stiffness and weakness and often creates recognize that we are here today because of brave American difficulties with walking. The onset of the disorder tends to be gradual, with the symptoms commonly becoming more severe over time. The men and women who have historically put their lives on the line person's age at the time of onset varies between families as well as and paid the ultimate sacrifice. among affected family members. It can start as early as infancy or As I close, in the eighth century B.C. (before Christ), the when the person is in their eighties. ancient Jewish prophet Isaiah, speaking under inspiration of the The reason HR 200 is so important is that by raising awareness of Holy Spirit, said, "Who shall go for us?" And the retort and the this disease we are improving access to treatment and medical research. answer came back from him, "Here, my Lord. Send me." Scientists have unraveled many of the riddles regarding the We are thankful that these men went out, risked their lives – complicated biochemistry of this disease, including the genes impacted. some of them lost their lives – because of a place called This will enable investigators to further uncover the biochemical America and a love for freedom. processes that cause nerve degeneration and identify and test therapy targets. An increased focus on this disease is timely and critical. There Thank you, Mr. Speaker. is indeed reason to hope for treatments and therapies in coming years that will restore significant function to people affected by this illness. I thank you all for your support.

2017 LEGISLATIVE JOURNAL—HOUSE 577

UNCONTESTED SUPPLEMENTAL CALENDAR A NAYS–0

NOT VOTING–0 RESOLUTION PURSUANT TO RULE 35 EXCUSED–11 Mr. GABLER called up HR 286, PN 1548, entitled: Christiana Hennessey McNeill Taylor A Resolution designating April 26, 2017, as "National Guard Day" Costa, P. James Rabb Watson in Pennsylvania. Fabrizio Mako Simmons

On the question, Will the House adopt the resolution? The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was The SPEAKER. It honors April 26, 2017, as National Guard adopted. Day in Pennsylvania.

On the question recurring, CALENDAR CONTINUED Will the House adopt the resolution? RESOLUTIONS PURSUANT TO RULE 35 The following roll call was recorded: Mr. MATZIE called up HR 253, PN 1429, entitled:

YEAS–192 A Resolution honoring the Community College of Beaver County on the 50th anniversary of its founding. Baker Emrick Krueger Rapp Barbin English Kulik Ravenstahl Barrar Evankovich Lawrence Readshaw On the question, Benninghoff Evans Lewis Reed Will the House adopt the resolution? Bernstine Everett Longietti Reese Bizzarro Farry Mackenzie Roae Bloom Fee Madden Roe The following roll call was recorded: Boback Fitzgerald Maher Roebuck Boyle Flynn Maloney Rothman YEAS–192 Bradford Frankel Markosek Rozzi Briggs Freeman Marshall Ryan Baker Emrick Krueger Rapp Brown, R. Fritz Marsico Saccone Barbin English Kulik Ravenstahl Brown, V. Gabler Masser Sainato Barrar Evankovich Lawrence Readshaw Bullock Gainey Matzie Samuelson Benninghoff Evans Lewis Reed Burns Galloway McCarter Sankey Bernstine Everett Longietti Reese Caltagirone Gergely McClinton Santora Bizzarro Farry Mackenzie Roae Carroll Gillen McGinnis Saylor Bloom Fee Madden Roe Causer Gillespie Mehaffie Schemel Boback Fitzgerald Maher Roebuck Cephas Godshall Mentzer Schlossberg Boyle Flynn Maloney Rothman Charlton Goodman Metcalfe Schweyer Bradford Frankel Markosek Rozzi Comitta Greiner Metzgar Sims Briggs Freeman Marshall Ryan Conklin Grove Miccarelli Snyder Brown, R. Fritz Marsico Saccone Cook Haggerty Millard Solomon Brown, V. Gabler Masser Sainato Corbin Hahn Miller, B. Sonney Bullock Gainey Matzie Samuelson Corr Hanna Miller, D. Staats Burns Galloway McCarter Sankey Costa, D. Harkins Milne Stephens Caltagirone Gergely McClinton Santora Cox Harper Moul Sturla Carroll Gillen McGinnis Saylor Cruz Harris, A. Mullery Tallman Causer Gillespie Mehaffie Schemel Culver Harris, J. Murt Thomas Cephas Godshall Mentzer Schlossberg Cutler Heffley Mustio Tobash Charlton Goodman Metcalfe Schweyer Daley Helm Neilson Toepel Comitta Greiner Metzgar Sims Davidson Hickernell Nelson Toohil Conklin Grove Miccarelli Snyder Davis Hill Nesbit Topper Cook Haggerty Millard Solomon Dawkins Irvin Neuman Vazquez Corbin Hahn Miller, B. Sonney Day Jozwiak O'Brien Vitali Corr Hanna Miller, D. Staats Dean Kampf O'Neill Walsh Costa, D. Harkins Milne Stephens Deasy Kaufer Oberlander Ward Cox Harper Moul Sturla DeLissio Kauffman Ortitay Warner Cruz Harris, A. Mullery Tallman Delozier Kavulich Pashinski Warren Culver Harris, J. Murt Thomas DeLuca Keefer Peifer Wentling Cutler Heffley Mustio Tobash Dermody Keller, F. Petrarca Wheatley Daley Helm Neilson Toepel Diamond Keller, M.K. Petri Wheeland Davidson Hickernell Nelson Toohil DiGirolamo Keller, W. Pickett White Davis Hill Nesbit Topper Donatucci Kim Pyle Youngblood Dawkins Irvin Neuman Vazquez Dowling Kinsey Quigley Zimmerman Day Jozwiak O'Brien Vitali Driscoll Kirkland Quinn, C. Dean Kampf O'Neill Walsh Dunbar Klunk Quinn, M. Turzai, Deasy Kaufer Oberlander Ward Dush Knowles Rader Speaker DeLissio Kauffman Ortitay Warner Ellis Kortz Delozier Kavulich Pashinski Warren

578 LEGISLATIVE JOURNAL—HOUSE APRIL 25

DeLuca Keefer Peifer Wentling Cutler Heffley Mustio Tobash Dermody Keller, F. Petrarca Wheatley Daley Helm Neilson Toepel Diamond Keller, M.K. Petri Wheeland Davidson Hickernell Nelson Toohil DiGirolamo Keller, W. Pickett White Davis Hill Nesbit Topper Donatucci Kim Pyle Youngblood Dawkins Irvin Neuman Vazquez Dowling Kinsey Quigley Zimmerman Day Jozwiak O'Brien Vitali Driscoll Kirkland Quinn, C. Dean Kampf O'Neill Walsh Dunbar Klunk Quinn, M. Turzai, Deasy Kaufer Oberlander Ward Dush Knowles Rader Speaker DeLissio Kauffman Ortitay Warner Ellis Kortz Delozier Kavulich Pashinski Warren DeLuca Keefer Peifer Wentling NAYS–0 Dermody Keller, F. Petrarca Wheatley Diamond Keller, M.K. Petri Wheeland NOT VOTING–0 DiGirolamo Keller, W. Pickett White Donatucci Kim Pyle Youngblood

Dowling Kinsey Quigley Zimmerman EXCUSED–11 Driscoll Kirkland Quinn, C. Dunbar Klunk Quinn, M. Turzai, Christiana Hennessey McNeill Taylor Dush Knowles Rader Speaker Costa, P. James Rabb Watson Ellis Kortz Fabrizio Mako Simmons NAYS–0

The majority having voted in the affirmative, the question NOT VOTING–0 was determined in the affirmative and the resolution was adopted. EXCUSED–11

Christiana Hennessey McNeill Taylor * * * Costa, P. James Rabb Watson Fabrizio Mako Simmons Mr. FARRY called up HR 148, PN 1207, entitled:

A Resolution recognizing the value of sheltered workshops in the The majority having voted in the affirmative, the question lives of individuals with disabilities and acknowledging the providers who enable individuals with disabilities to live full and productive lives was determined in the affirmative and the resolution was in our communities. adopted.

On the question, BILLS ON SECOND CONSIDERATION Will the House adopt the resolution? The House proceeded to second consideration of HB 399, The following roll call was recorded: PN 411, entitled:

YEAS–192 An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in certification of teachers, Baker Emrick Krueger Rapp further providing for evaluation of applications for certification. Barbin English Kulik Ravenstahl Barrar Evankovich Lawrence Readshaw On the question, Benninghoff Evans Lewis Reed Bernstine Everett Longietti Reese Will the House agree to the bill on second consideration? Bizzarro Farry Mackenzie Roae Bill was agreed to. Bloom Fee Madden Roe Boback Fitzgerald Maher Roebuck * * * Boyle Flynn Maloney Rothman Bradford Frankel Markosek Rozzi Briggs Freeman Marshall Ryan The House proceeded to second consideration of HB 1022, Brown, R. Fritz Marsico Saccone PN 1175, entitled: Brown, V. Gabler Masser Sainato Bullock Gainey Matzie Samuelson An Act amending the act of March 10, 1949 (P.L.30, No.14), Burns Galloway McCarter Sankey known as the Public School Code of 1949, in transfers of credits Caltagirone Gergely McClinton Santora between institutions of higher education, further providing for Carroll Gillen McGinnis Saylor definitions, for duties of public institutions of higher education and for Causer Gillespie Mehaffie Schemel transfer and articulation oversight committee. Cephas Godshall Mentzer Schlossberg Charlton Goodman Metcalfe Schweyer Comitta Greiner Metzgar Sims On the question, Conklin Grove Miccarelli Snyder Will the House agree to the bill on second consideration? Cook Haggerty Millard Solomon Bill was agreed to. Corbin Hahn Miller, B. Sonney Corr Hanna Miller, D. Staats Costa, D. Harkins Milne Stephens * * * Cox Harper Moul Sturla Cruz Harris, A. Mullery Tallman The House proceeded to second consideration of HB 290, Culver Harris, J. Murt Thomas PN 1478, entitled:

2017 LEGISLATIVE JOURNAL—HOUSE 579

An Act amending the act of July 6, 1989 (P.L.169, No.32), known APPROPRIATIONS COMMITTEE MEETING as the Storage Tank and Spill Prevention Act, in financial provisions, further providing for Underground Storage Tank Indemnification Board, for Underground Storage Tank Environmental Cleanup The SPEAKER. Chairman Saylor, of the Appropriations Program and for Underground Storage Tank Pollution Prevention Committee, for a committee announcement. Program. Mr. SAYLOR. Thank you, Mr. Speaker. There will be an immediate meeting of the Appropriations On the question, Committee in the majority caucus room. Will the House agree to the bill on second consideration? Thank you, Mr. Speaker. Bill was agreed to. The SPEAKER. Thank you, sir. Members of the Appropriations Committee, please proceed * * * to the majority caucus room at this time. We are going to stand at ease. We are not going be in recess, The House proceeded to second consideration of HB 168, we are going stand at ease while the Appropriations Committee PN 132, entitled: meets. Members, we are at ease. We are not in recess, we are at An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in proprietary and official rights, ease. When the Appropriations Committee comes back to the further providing for wearing of uniforms and insignia. floor, we will begin taking votes again. Thank you.

On the question, We are in session, obviously. Will the House agree to the bill on second consideration? Bill was agreed to. BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED GUESTS INTRODUCED HB 331, PN 355 By Rep. O'NEILL The SPEAKER. In the balcony, as guests of Representative Steve Samuelson, we have fourth grade students from Our Lady An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income tax, further of Perpetual Help in Bethlehem Township. Please stand, fourth providing for classes of income. graders. Great to have you here. How are you doing, guys, ladies? Welcome. FINANCE.

HB 332, PN 356 By Rep. O'NEILL ANNOUNCEMENT BY MR. PASHINSKI An Act amending the act of March 4, 1971 (P.L.6, No.2), known The SPEAKER. Representative Neilson is called upon on as the Tax Reform Code of 1971, in personal income tax, further unanimous consent – excuse me; Representative Pashinski is providing for classes of income. recognized on unanimous consent. Representative Pashinski. Wrong side, I did not see you. I apologize. FINANCE.

Mr. PASHINSKI. Mr. Speaker, there is no wrong side to this HB 333, PN 357 By Rep. O'NEILL hall; we are one. The SPEAKER. I did not mean wrong in the sense that— It An Act amending the act of March 4, 1971 (P.L.6, No.2), known is just not where I normally see you, my good friend. as the Tax Reform Code of 1971, in personal income tax, further Mr. PASHINSKI. I appreciate that, Mr. Speaker. providing for classes of income.

The SPEAKER. But the floor is yours, sir. FINANCE. Mr. PASHINSKI. Thank you very much. This is just a little reminder that the Pennsylvania Fraternal Alliance is having a HB 542, PN 1563 (Amended) By Rep. O'NEILL reception outside the Governor's Office. Everyone is welcome to come up and participate in the reception and to find out more An Act amending the act of March 4, 1971 (P.L.6, No.2), known about the 700,000 Pennsylvanians that are part of this great as the Tax Reform Code of 1971, in tax for education, further providing for definitions and providing for notice requirements for organization. This organization not only provides quality remote sellers. insurance policies, but they also engage in a tremendous, tremendous amount of community activities. It has been FINANCE. estimated they have contributed back over $1.8 million to Pennsylvania. So if you would, if you get a chance – and I thank the BILLS REREPORTED FROM COMMITTEE Speaker for this opportunity to give us a moment to be able to HB 438, PN 454 By Rep. SAYLOR get yourself some food and bring it back so we can continue our business. An Act amending the act of April 12, 1951 (P.L.90, No.21), Thank you very much, Mr. Speaker, and it was a pleasure known as the Liquor Code, in preliminary provisions, further providing being on this side. for definitions; and, in licenses and regulations and liquor, alcohol and malt and brewed beverages, providing for spirit expanded permits. The SPEAKER. Thank you, Representative. APPROPRIATIONS.

580 LEGISLATIVE JOURNAL—HOUSE APRIL 25

HB 975, PN 1476 By Rep. SAYLOR long as the patient remains: (i) admitted to the licensed health care facility An Act amending the act of April 12, 1951 (P.L.90, No.21), [or remains]; known as the Liquor Code, in preliminary provisions, further providing (ii) in observation status in a licensed health care for definitions; and, in licenses and regulations, liquor, alcohol and facility[.]; or malt and brewed beverages, providing for wine wholesale license and (iii) under the care of a hospice. for wine retail license.

APPROPRIATIONS. On the question, Will the House agree to the amendment? HB 991, PN 1234 By Rep. SAYLOR The SPEAKER. On the amendment, Representative An Act amending the act of April 12, 1951 (P.L.90, No.21), DiGirolamo. known as the Liquor Code, in preliminary provisions, further providing Representative DiGirolamo, if you will just hold for a for definitions; in Pennsylvania Liquor Control Board, further providing for general powers of board and for specific subjects on second. which board may adopt regulations; in Pennsylvania Liquor Stores, Representative Keefer. Waives off. further providing for sales by Pennsylvania Liquor Stores; and Representative DiGirolamo, sir, you may proceed. providing for retail stores. Mr. DiGIROLAMO. Thank you, Mr. Speaker.

This is an agreed-to amendment. I would ask the members to APPROPRIATIONS. vote "yes" on the amendment.

HB 1071, PN 1270 By Rep. SAYLOR On the question recurring, An Act amending Title 53 (Municipalities Generally) of the Will the House agree to the amendment? Pennsylvania Consolidated Statutes, in other subjects of taxation, prohibiting bans, fees, surcharges and taxes on recyclable plastic bags. The following roll call was recorded:

APPROPRIATIONS. YEAS–191

HB 1075, PN 1274 By Rep. SAYLOR Baker Emrick Krueger Rapp Barbin English Kulik Ravenstahl An Act amending the act of April 12, 1951 (P.L.90, No.21), Barrar Evankovich Lawrence Readshaw known as the Liquor Code, in preliminary provisions, further providing Benninghoff Evans Lewis Reed for definitions; in licenses and regulations, liquor, alcohol and malt and Bernstine Everett Longietti Reese brewed beverages, providing for wholesale permit and for wholesale Bizzarro Farry Mackenzie Roae licenses; and, in disposition of moneys collected under provisions of Bloom Fee Madden Roe act, further providing for moneys paid into the State Stores Fund for Boback Fitzgerald Maher Roebuck use of the Commonwealth, providing for moneys paid into the State Boyle Flynn Maloney Rothman Stores Operating Fund for use of the board and establishing the State Bradford Frankel Markosek Rozzi Stores Operating Fund. Briggs Freeman Marshall Ryan Brown, R. Fritz Marsico Saccone APPROPRIATIONS. Brown, V. Gabler Masser Sainato Bullock Gainey Matzie Samuelson Burns Galloway McCarter Sankey BILLS ON SECOND CONSIDERATION Caltagirone Gergely McClinton Santora Carroll Gillen McGinnis Saylor Causer Gillespie Mehaffie Schemel The House proceeded to second consideration of HB 395, Cephas Godshall Mentzer Schlossberg PN 407, entitled: Charlton Goodman Metcalfe Schweyer Comitta Greiner Metzgar Sims An Act amending the act of October 27, 2014 (P.L.2911, No.191), Conklin Grove Miccarelli Snyder known as the Achieving Better Care by Monitoring All Prescriptions Cook Haggerty Millard Solomon Program (ABC-MAP) Act, further providing for requirements for Corbin Hahn Miller, B. Sonney prescribers. Corr Hanna Miller, D. Staats Costa, D. Harkins Milne Stephens On the question, Cox Harper Moul Sturla Cruz Harris, A. Mullery Tallman Will the House agree to the bill on second consideration? Culver Harris, J. Murt Thomas Cutler Helm Mustio Tobash Mrs. KEEFER offered the following amendment Daley Hickernell Neilson Toepel No. A00940: Davidson Hill Nelson Toohil Davis Irvin Nesbit Topper Dawkins Jozwiak Neuman Vazquez Amend Bill, page 1, line 17, by inserting a bracket before "or" Day Kampf O'Brien Vitali Amend Bill, page 1, line 17, by inserting after "or" Dean Kaufer O'Neill Walsh ], Deasy Kauffman Oberlander Ward Amend Bill, page 1, line 18, by inserting after "facility" DeLissio Kavulich Ortitay Warner or is under the care of a hospice, as defined in section Delozier Keefer Pashinski Warren 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the DeLuca Keller, F. Peifer Wentling Dermody Keller, M.K. Petrarca Wheatley Health Care Facilities Act Diamond Keller, W. Petri Wheeland Amend Bill, page 2, lines 1 through 3; by striking out all of said DiGirolamo Kim Pickett White lines and inserting 2017 LEGISLATIVE JOURNAL—HOUSE 581

Donatucci Kinsey Pyle Youngblood licensed doctor of veterinary medicine Dowling Kirkland Quigley Zimmerman Amend Bill, page 28, lines 28 and 29, by striking out all of said Driscoll Klunk Quinn, C. lines Dunbar Knowles Quinn, M. Turzai, Amend Bill, page 35, line 4, by striking out "veterinarian" and Dush Kortz Rader Speaker Ellis inserting licensed doctor of veterinary medicine NAYS–1 Amend Bill, page 35, line 8, by striking out "veterinarian" and inserting Heffley licensed doctor of veterinary medicine Amend Bill, page 35, line 19, by striking out "veterinarian" and NOT VOTING–0 inserting licensed doctor of veterinary medicine EXCUSED–11 Amend Bill, page 35, line 29, by striking out "veterinarian" and inserting Christiana Hennessey McNeill Taylor licensed doctor of veterinary medicine Costa, P. James Rabb Watson Amend Bill, page 36, line 2, by striking out "veterinarian" and Fabrizio Mako Simmons inserting licensed doctor of veterinary medicine Amend Bill, page 36, line 13, by striking out "veterinarian" and The majority having voted in the affirmative, the question inserting was determined in the affirmative and the amendment was licensed doctor of veterinary medicine agreed to. Amend Bill, page 36, line 22, by striking out "veterinarian" and inserting On the question, licensed doctor of veterinary medicine Amend Bill, page 36, line 27, by striking out "veterinarian" and Will the House agree to the bill on second consideration as inserting amended? licensed doctor of veterinary medicine Bill as amended was agreed to. Amend Bill, page 36, line 29, by striking out "veterinarian" and inserting The SPEAKER. The bill as amended will be reprinted. licensed doctor of veterinary medicine Amend Bill, page 37, line 1, by striking out "veterinarian's" and * * * inserting licensed doctor of veterinary medicine's The House proceeded to second consideration of HB 1238, Amend Bill, page 37, line 15, by striking out "veterinarian" and inserting PN 1465, entitled: licensed doctor of veterinary medicine

An Act amending Titles 3 (Agriculture), 18 (Crimes and Amend Bill, page 37, line 25, by striking out "veterinarian" and Offenses), 22 (Detectives and Private Police), 34 (Game) and 42 inserting (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated licensed doctor of veterinary medicine Statutes, in race horse industry reform, further providing for licenses Amend Bill, page 37, line 27, by striking out "veterinarian" and for horse race meetings and for occupational licenses for individuals; in inserting riot, disorderly conduct and related offenses, repealing provisions licensed doctor of veterinary medicine relating to offense of cruelty to animals, live animals as prizes Amend Bill, page 38, line 6, by striking out "veterinarian" and prohibited, police animals and assault with a biological agent on inserting animal, fowl or honey bees and providing for offenses relating to cruelty to animals; in humane society police officers, further providing licensed doctor of veterinary medicine for definitions, for appointment by nonprofit corporations, for Amend Bill, page 38, line 17, by striking out "veterinarian" and qualifications for appointment, for suspension, revocation, limitation inserting and restriction of appointment and restoration of appointment, for licensed doctor of veterinary medicine powers and authority and jurisdiction, for search warrants and for Amend Bill, page 38, line 23, by striking out "veterinarian" and costs; in hunting and furtaking, further providing for destruction of inserting dogs declared public nuisances; in budget and finance, further licensed doctor of veterinary medicine providing for municipal corporation portion of fines, etc; and making Amend Bill, page 38, line 25, by striking out "veterinarian" and editorial changes. inserting licensed doctor of veterinary medicine On the question, Amend Bill, page 39, line 5, by striking out "veterinarian" and Will the House agree to the bill on second consideration? inserting licensed doctor of veterinary medicine The SPEAKER. We have three amendments on this bill. Amend Bill, page 46, line 14, by inserting after "veterinarians" , technicians and assistants On the question recurring, Amend Bill, page 46, line 15, by striking out "veterinarian" and Will the House agree to the bill on second consideration? inserting licensed doctor of veterinary medicine, certified veterinary technician or veterinary assistant Mr. MARSICO offered the following amendment

No. A00766: On the question,

Will the House agree to the amendment? Amend Bill, page 28, line 18, by striking out "veterinarian" and inserting

582 LEGISLATIVE JOURNAL—HOUSE APRIL 25

AMENDMENT PASSED OVER TEMPORARILY agents of the government. They work for the State, they work for the county, and they work in your local communities. The SPEAKER. We are going to just go over that Mr. Speaker, animal control officers is what these folks are. amendment right now. They are not real cops. They are given a limited amount of We are going to go to amendment 932. authority. They are not real cops. They do not work for your We are going to go over amendment 766. I will be back to local government. They do not work for the State. They do not that. work for the county. They are an arm of the SPCA (Society for We are going to go to amendment 932. the Prevention of Cruelty to Animals) or some animal rescue organization. They go through 60 hours – that is 6-0 hours – of On the question recurring, training. After that training, Mr. Speaker, they pin a badge on Will the House agree to the bill on second consideration? them. They send them out into the community. And the problem is that some of them – now I am not saying all of them – but Mr. KNOWLES offered the following amendment some of them think that they are Wyatt Earp, and they go out No. A00932: into the community and they just do what they want to do. We have all heard stories of rogue humane society police officers. Amend Bill, page 25, lines 4 and 5, by striking out all of line 4 We have all heard those stories. I had to deal with them when and "5558." in line 5 and inserting I was a mayor many years ago. 5557. Mr. Speaker, if this amendment does not pass and if this civil Amend Bill, page 25, line 6, by striking out "5559." and inserting immunity remains in place, it is going to cause havoc in your 5558. communities. It has your constituents and it has the farm Amend Bill, page 25, line 7, by striking out "5560." and inserting 5559. community scared to death. They are scared to death about this Amend Bill, page 25, line 8, by striking out "5561." and inserting element remaining in this bill. 5560. Mr. Speaker, I had a friend that called me and he expressed Amend Bill, page 46, lines 23 through 30; page 47, lines 1 and 2; his concern over this civil immunity, and here is what he said to by striking out all of said lines on said pages me: "A humane police officer's dream come true." He said, Amend Bill, page 47, line 3, by striking out "5558." and inserting "This civil immunity is a humane police officer's dream come 5557. true." Think about that. Think about that when you vote on this Amend Bill, page 47, line 11, by striking out "5559." and amendment. inserting Mr. Speaker, I think it is somewhat strange and somewhat 5558. Amend Bill, page 47, line 14, by striking out "5560." and ironic – I hear it on this floor and I see it out everywhere on TV, inserting questioning the power and the rights of police officers. We need 5559. to be sure that they stay within their rights. We need to be Amend Bill, page 47, line 20, by striking out "5561." and certain that people's rights are protected. We hold our police, inserting who have extensive training, we hold them very close in terms 5560. of being certain, being certain that they are respectful of people's rights. But suddenly, when animals are involved, when On the question, cats and dogs are involved, holding the humane society officers Will the House agree to the amendment? accountable, it just seems to go right out the window. It just seems to go right out the window. The SPEAKER. Representative Knowles, the floor is yours, Mr. Speaker, creating civil immunity for animal control sir, on the amendment. officers is a bad idea. It is bad for your constituents. It is bad for Mr. KNOWLES. Thank you, Mr. Speaker. the farming community. And I ask my colleagues to vote "yes" Mr. Speaker, a Pennsylvania State trooper is required to take on the Knowles amendment. 27 weeks of training. A Philadelphia police officer who chooses Thank you very much, Mr. Speaker. to put his life on the line in the City of Brotherly Love has to The SPEAKER. Representative . take 30 weeks of intense training. It is a very similar situation in Mr. FARRY. Thank you, Mr. Speaker. the city of Pittsburgh. A local police officer – that would be the I am going to ask for a "no" vote on the Knowles officers that serve in our townships, in our boroughs – is amendment. While the kind gentleman has had some bad required to take 18 weeks of training. And finally, our sheriff's experiences, and we heard in caucus in yesterday of some bad department, the deputy sheriffs are required to take 760 hours of experiences that individuals across this Commonwealth have training; that works out to being just about the same as a local encountered with what were labeled as "rogue humane officers," police officer. the immunity protection does not affect that in one form or Mr. Speaker, a humane society police officer is required to another. Quite frankly, there is language in this bill that allows take 60 hours – that is 6-0 hours – of training. Mr. Speaker, for the removal of those rogue officers through a complaint to without this amendment passing, we will be giving civil the district attorney's office, which is how I would suggest this immunity to these humane society police officers. As you can issue be handled. tell, they have far less training. They have far less authority. And I realize we have a very diverse Commonwealth, and in They have far less experience. And this civil immunity will give that diversity, I can speak to what we encounter in southeastern them maximum insulation from liability for their actions. Pennsylvania. As of last year we had 12 enforcement officers Mr. Speaker, the reason why police officers and sheriff's and we are down to 10, and the reason we are down to 10 is departments have sovereign immunity is because they are because of financial reasons. The liability insurance for the

2017 LEGISLATIVE JOURNAL—HOUSE 583 people that protect the southeast on this issue is acting within the scope of their employment, they have nothing $300,000 annually. Their deductible is $25,000. It is a to worry about, but giving them civil immunity is just rewarding significant financial impact. The immunity would provide them bad actors. And there is absolutely no reason to give humane some financial relief so they continue doing the job that they do. society officers civil immunity. In your e-mail – you probably just got an e-mail from my So I think the bottom line is, we need to strongly support the office – PSATS (Pennsylvania State Association of Township Knowles amendment, and I ask for an affirmative vote. Supervisors) has come out against this amendment. I believe Thank you, Mr. Speaker. Representative Stephens is going to be conveying the message The SPEAKER. Representative Will Tallman. that the F.O.P. (Fraternal Order of Police) has come out against Mr. TALLMAN. Thank you, Mr. Speaker. this amendment. If, if this amendment is not included in the Just to give some further examples of training that happens. language and we do not provide relief to the people that are Wildlife conservation officers actually spend 12 months in enforcing the laws that this chamber, that this chamber has training, yet we are saying these humane officers are only going empowered them to enforce, if we do not provide them this to require 60 hours. immunity and they go by the wayside, the responsibilities of So I would like to ask the maker of the bill, not the enforcing these laws are going to fall on our local governments. amendment, a question. There will be an additional cost to our local governments to The SPEAKER. Representative Stephens, would you stand enforce the laws that we have passed in this chamber and that for interrogation on— Now, that is not standard, but he is we have delegated to these humane officers. willing to do it. For that reason and many others I ask for a "no" vote on the Mr. TALLMAN. Thank you, Mr. Speaker. Knowles amendment. Thank you. I have a lot of data on Virginia and their humane officers; The SPEAKER. Representative . very, very extensive course of study to become a humane Mr. HEFFLEY. Thank you, Mr. Speaker. officer for Virginia. I was wondering if you would be willing to Mr. Speaker, I rise in support of this amendment and I would postpone this bill so I could offer that as an amendment? urge my colleagues for an affirmative vote. The SPEAKER. Please suspend. I find it very interesting that when we talk about the costs of Representative Tallman, I apologize. That is not really a insurance for liability insurance that we have, you know, subject for interrogation, but I will, I am going recognize some nonprofit organizations who can send lobbyists to lobby us from folks, if you wish to have a discussion with Representative Washington, DC, but yet are going to complain about having to Stephens. That would not really be subject to interrogation. So pay for liability insurance. if you and Representative Stephens want to talk for a few I think it is important that we protect the rights of our seconds, that is fine, and I am going to recognize a group here. farmers. In the State of Pennsylvania, agriculture is one and Mr. TALLMAN. I am going to withdraw my interrogation two, number one industry. Anything that we put on agriculture request. restrictions raises food prices, and that is not something that we The SPEAKER. Okay. Thank you. You may proceed, sir. want to do. Mr. TALLMAN. So Virginia has a very extensive training And I would ask for an affirmative vote on this. I also find it program for their humane officers; we do not here in the interesting that we would want to take away this liability from Commonwealth. And I just think it is as the Representative that these humane officers. I have never seen attorneys wanting to has offered the amendment knows, our training for our humane stand up and relieve liability from somebody. They seem to officers is totally lacking when compared to other States. always want to be making sure people are liable. And so one of the things that the argument is is that if you So I would ask my colleagues for an affirmative vote. have ever been abused, you can sue. Well, I already know from an incident that happened in Adams County – and my colleague LEAVE OF ABSENCE from Adams County, we both know this particular incident – the folks that were involved with this humane officer, they do The SPEAKER. Representative Marc GERGELY has not have the ability to sue. You have to require some money, requested to be placed on leave. and they do not have that ability to sue. So that argument is null and void, the fact that people do not sue. A lot of times you do not have that money to sue. CONSIDERATION OF HB 1238 CONTINUED I urge everyone in this chamber to support Representative Knowles' amendment. Thank you, Mr. Speaker. The SPEAKER. Representative Marty Causer. The SPEAKER. Thank you, sir. Mr. CAUSER. Thank you, Mr. Speaker. Mr. Speaker, I rise in strong support of the Knowles amendment. I think that folks should take a close look at this GUESTS INTRODUCED amendment because it deals with civil immunity. And as a former police officer, I have to respond to some of the The SPEAKER. Members, please take your seats. As guests comments that have been said earlier in that humane society of Representative Steve Samuelson, we have with us the fourth officers are not police officers. In fact, they are not employed by grade class from St. Anne School in Bethlehem. Please stand. It local governments. They are not even government employees. is great to have you here today. Everybody from St. Anne, pay Why would we give them civil immunity when they currently attention to this debate. We are going to ask you how you would do not have civil immunity? If a humane society officer is vote on it afterwards. I am teasing.

584 LEGISLATIVE JOURNAL—HOUSE APRIL 25

CONSIDERATION OF HB 1238 CONTINUED problem that came about with Libre's Law, but let us not create another problem in the same mix. The SPEAKER. We have a number of speakers left. Thank you, Mr. Speaker. Representative , followed by Representative Frank The SPEAKER. Representative . Ryan, followed by Representative Mike Tobash, and then we Mr. TOBASH. Thank you, Mr. Speaker. will go to the maker of the bill. I rise in support of the Knowles amendment, 00932. I have So Representative Dom Costa first, please. got a letter here in my hand from the Pennsylvania Farm Mr. D. COSTA. Thank you, Mr. Speaker. Bureau. Agriculture is the number one industry in the I stand to oppose this amendment. I understand my Commonwealth of Pennsylvania and we certainly have been colleague's point about the training, but I have used the animal supporting this effort by the maker of the bill. But the control officers in the past. Their jurisdiction is limited to Pennsylvania Farm Bureau has got concerns about the civil summary offenses. And we broke up a big dogfighting ring in immunity section of this bill, and they are in favor of the the Allegheny County area with the cooperation of these animal Knowles amendment. police officers, and the whole step of the way, they worked So look, we have got people that are charged with providing hand in hand with the law enforcement officers – who, food to the Commonwealth and the citizens of Pennsylvania and unfortunately, with all the training law enforcement does have, it is important that we set up a playing field that they can they are not experts in this field, and I think we need that continue to do their good work. So I am going to follow the expertise. Farm Bureau's lead on this and vote in favor of the Knowles Going back to the training issue. They only have the amendment. authority, as we know – and this will not change their authority Thank you, Mr. Speaker. to issue summary offenses. Our parking authority officers in any The SPEAKER. Representative Todd Stephens. city or your meter people in any city have the authority to issue Mr. STEPHENS. Thank you, Mr. Speaker. a summary offense. They do not need to be equivalent to the Mr. Speaker, I will confess, when I embarked upon the police training that our officers get, because let us face it, our mission of putting this bill together, I did not have a whole lot officers use use of force, deadly weapons, and things like that. of knowledge about humane police officers or how they So again, for those reasons, I know the animal police have worked, or frankly, how they became to be humane police been an asset in Allegheny County, a tremendous asset to us, officers, and obviously, I have come to learn a great deal, and and it also frees officers up to do the people crimes, as we put it there has been a lot of misinformation that unfortunately has – not the more important, but the people crimes. been disseminated here that I just feel compelled to correct. Thank you, Mr. Speaker. The first and I think most important aspect of this entire bill The SPEAKER. Thank you. that we will hopefully consider tomorrow on final passage is Representative , the floor is yours. that under current law and under this bill, normal agricultural Mr. RYAN. Mr. Speaker, thank you so much. operations are exempt from the cruelty code. Let me say that I would ask every member of this chamber to ask yourself again. Normal agricultural operations. Farming. If you are what it would be like to try to defend yourself from an engaged in normal agricultural operations, you are exempt from allegation that you have been accused of animal cruelty, if the cruelty code. Exempt. someone made a mistake in that allegation. If a police officer This issue about humane police officers wreaking havoc on does it and all of a sudden you find out that that person has been farms is, frankly, just not borne out by the evidence. I have trained, it is one thing, but if you have got someone with asked for examples from the Farm Bureau of lawsuits brought 60 hours of training, I defy you to try to clear your name by farmers against humane police officers for the conduct that regardless of the amount of money. they are concerned about and they cannot provide me with any I have a responsibility to protect human beings and animals. examples. None. I have heard about how this immunity will I am an advocate for animals. A Boston terrier rescued me. His cause these humane police officers to act recklessly, and again, name was Duke and he just passed away a little while ago. He wreak havoc, or I believe run "amok" was the word I kept was horribly abused. I said to the Humane Society that I would hearing yesterday in caucus. You know this chamber supported be happy to sponsor a bill that would specify the training, as is an agritourism immunity provision. I do not recall and still do done in Virginia, to provide for the education and the not see today these agritourism operations running amok or experience for someone who is a humane officer, but we are not wreaking havoc on communities because we supported there yet. immunity provisions. We owe it to the citizens of this Commonwealth and to every The underlying bill includes immunity for veterinarians. animal lover to protect those animal lovers from someone who Again, I did not hear any complaints or concerns that makes a mistake, so that we leave it to the defense. I have veterinarians will run amok or wreak havoc in our communities. heard the comment today that we are concerned about a This chamber has supported immunity provisions or limits on $300,000 legal bill or insurance bill for the humane officers. liability on nursing homes. I have not heard anyone complain What about the thousands of legal dollars of expenses for that our nursing homes are now running amok or wreaking someone who has got to defend themselves against this havoc in our communities. allegation? Interestingly, unfortunately, the gentleman from Carbon I rise in support of the amendment, and I would tell you that County I am sure misspoke when he said that there are as an animal lover, I am absolutely concerned that if this organizations that employ humane police officers that have amendment is not passed, I could not in good conscience vote lobbyists here from DC. That is just not true. It is just, frankly, for a bill that subjects our citizens of the Commonwealth to a not true, and I am happy to walk through that with the law that is run amok. It is about time we represent and fix the gentleman from Carbon and explain to him why that is not the 2017 LEGISLATIVE JOURNAL—HOUSE 585 case. But again, these humane police officers work for nonprofit In the end, Mr. Speaker, there is a balance in this bill. There organizations based in our communities. They work for is some oversight necessary for humane police officers, there is nonprofits. Guess what, everybody? The board members for that no question about it, and this bill, the underlying bill provides nonprofit, they enjoy immunity. Volunteers for those nonprofits, that. It gives the district attorney unprecedented authority over they enjoy immunity. humane police officers. It gives them the ability to weigh in at Our humane police officers are only entitled to enforce a their appointment, it gives them the ability to step in to seek small part of the Crimes Code; as a matter of fact, one section of their removal, and most importantly, it gives the judge the the Crimes Code, and that is the animal cruelty section. So you discretion to deny their application out of the gate. are right. Do they need 18 weeks of training on one narrow For those reasons, Mr. Speaker, I would urge the members to section of the Crimes Code? I do not think so. The fact of the oppose the Knowles amendment, stand with the F.O.P., and matter is, they get training in areas where our police officers do stand with our township supervisors and our local governments not. Our police officers do not get extensive training on the who would be forced to bear the cost if we did not have humane types of things that are required of our humane police officers, police officers in Pennsylvania. like animal husbandry practices constituting normal agricultural Thank you, Mr. Speaker. operations, practices accepted in the agricultural industry in the The SPEAKER. Representative Cris Dush. raising, keeping, and production of agricultural animals; Mr. DUSH. Thank you, Mr. Speaker. characteristics of agricultural animals likely evidencing care that I would like to know if the maker of the bill would actually is in violation of the animal cruelty laws. These are all things indulge me for just one quick question, please. I have been that our police officers do not receive extensive training in, and trying to find the answer to this. as a matter of fact, that is why you probably just received an The SPEAKER. Yes, the good gentleman has indicated he e-mail from the F.O.P. The F.O.P. opposes this amendment, and will stand for interrogation, and you may proceed. the reason is very simple: The men and women of our law Mr. DUSH. Thank you, Mr. Speaker. enforcement community need to be focused on the more serious The question I have is – I have been trying to find it in the violations of law, the more serious illegal conduct in our bill – is there any training in the bill as it stands for these communities. The reason the F.O.P. opposes an amendment like humane officers on the Fourth Amendment and the rights of this is because they understand the need for people specialized privacy of the individuals protecting against unlawful search in the care of animals, and again, at the lowest levels, the lowest and seizure, and if so, how many hours? levels of crimes. Mr. STEPHENS. Yes, as a matter of fact, the curriculum is So for instance, do you want your State Police or your local detailed in current statute, so we do not change it, but the police officer fielding calls about the neighbor's dog that is existing curriculum would remain. The existing curriculum does barking too much or the hoarder that has 39 cats in her require – it specifies exactly what areas the humane police basement? Is that what you want your State Police focusing officers must be trained in and the number of hours and the their time and energy on? Or should we have humane police proper execution of search warrants, the proper search and officers that are specialized in that area that can find a home for seizure practices, as well as the Pennsylvania Rules of Criminal those cats and deal with those situations? The fact of the matter Procedure and the Pennsylvania cruelty to animals laws, as well is, all the arguments about this immunity running amok and as care and treatment of animals. They are all included within wreaking havoc are just misplaced. We only have 133 humane the current curriculum for humane police officers. police officers throughout the entire Commonwealth of Mr. DUSH. How many hours of training do they get on that? Pennsylvania. There are actually six counties with none. Mr. STEPHENS. It is a total of 60 hours of training, and Mr. Speaker, could I have some order, please? then, again, the district attorney, under the bill, will have an Mr. Speaker, may I have some order? I cannot hear. opportunity to review their qualifications, and under current The SPEAKER. Members, please take your seats. We have law, under current law – and this is really important, because some additional speakers who have signed on. this is something that I know is very important to many of our Mr. STEPHENS. I am not done. members – under current law, a judge has no discretion. Under The SPEAKER. Representative, just suspend. current law, if you do your 60 hours of training you must be Members, please take your seats. Any conversations I would admitted as a humane police officer. We changed that. We appreciate if everybody could take off the House floor. changed that from the judge "shall" appoint you to the judge Representative Stephens, you may conclude. "may" appoint you, and so now you not only have the D.A. with Mr. STEPHENS. Thank you. the ability to intervene, you also have a judge with the So we only have 133 humane police officers across the entire discretion to go ahead and determine whether or not it is Commonwealth. There are actually six counties with none. So appropriate for you to be a humane police officer, which is Armstrong County, Bedford County, Butler County, Forest unlike existing law. County, Fulton County, and Venango County have no humane Mr. DUSH. Thank you. police officers. So any concerns about people running amok or The SPEAKER. Representative Curtis Thomas. wreaking havoc on communities in those six counties – Mr. THOMAS. Thank you, Mr. Speaker. completely unfounded. These humane police officers save us Mr. Speaker, I wanted to just rise and allow the record to roughly $8.6 million a year because our local municipal police reflect my support for the last speaker's comments on how departments do not have to employ the animal control officers important it is to support our local communities and our local that would fill the role if we did not have humane police municipalities. I like that, and I just wanted the record to reflect officers. that. Thank you, Mr. Speaker.

586 LEGISLATIVE JOURNAL—HOUSE APRIL 25

The SPEAKER. Yes, sir. trains them? They cannot go to the MPOETC (Municipal Police Representative , for the second time. Officers Education and Training Commission) school, that is a Mr. KNOWLES. Thank you, Mr. Speaker. 6-month school. They are not going to do that. So my question Mr. Speaker, I think it is important to note, and I think it may is, if they are going to get this training, where do they get this have been said earlier, that the Farm Bureau supports this training? I do not think it is just readily available. amendment. The Farm Bureau has said that if this amendment The next thing I heard was what is a normal farm operation? passes, they will not oppose the bill. If this amendment fails, They are supposed to be exempt from that. they will be strongly opposed to the bill. Also I hear that the humane officer can only operate in the Mr. Speaker, I want you to think about something. We can county that he is approved by the court. So my question is, how really come out of this thing as a winner. We can come out of long is approval for? Is it for life? Is it for a year? Is it for an this as a winner if we want to compromise. If we pass this incident? There is no explanation on that. amendment and if we pass the bill, neither the Farm Bureau or So I am saying this: You can have a humane officer, but I do the animal control people will be tickled pink, but I can tell you not think you can have immunity. So I am in favor of the that they will be satisfied, and they should be satisfied. If we Knowles amendment, and I vote "yes" and I would ask all of remove the civil immunity portion, if that is removed, that will you to vote "yes" for Knowles. satisfy the farming community. And really, if this is all about Thank you, Mr. Speaker. the animals, if this is all about the animals, everything in terms of the meaningful components of the legislation will still be in On the question recurring, the bill. So neither side will be happy, but both sides should be Will the House agree to the amendment? satisfied. Mr. Speaker, I ask you all to think long and hard about this The following roll call was recorded: vote and I ask you to stand by the hardworking farmers, people who go out and work very hard in their fields every day. They YEAS–65 support this amendment. I ask you to support the farmers and I ask you to support the people that you represent in your Barrar Fee Mackenzie Reese Benninghoff Fritz Maloney Roae communities that are afraid that they are going to have a rogue Bloom Gabler Marshall Rothman animal control officer show up at their door. Brown, R. Gillen McGinnis Ryan So, Mr. Speaker, in closing, I thank you for the debate, Causer Grove Metcalfe Saccone I thank you all for your consideration on this amendment, and Cook Hahn Millard Sankey Cox Heffley Miller, B. Saylor I ask for your vote on amendment 00932. Culver Helm Moul Schemel Thank you, Mr. Speaker. Day Hickernell Mustio Tallman The SPEAKER. Representative John Maher. Diamond Irvin Nelson Tobash Mr. MAHER. Thank you, Mr. Speaker. Dowling Jozwiak Oberlander Toohil Dunbar Keefer Peifer Walsh It was my privilege for many years to serve as chairman of Dush Keller, F. Pickett Ward the Committee on Agriculture, and I put our number one Emrick Keller, M.K. Pyle Warner industry at the top of my list of things that are important. But English Knowles Rader Wentling I think we have got a little misunderstanding here. The cruelty Evankovich Lawrence Rapp Zimmerman Everett law exempts farm operations. It does not touch farm operations. Consequently, humane officers, if they are interfering with the NAYS–126 farm, they are not acting in their capacity as a humane officer because it is not in their jurisdiction. It would be much like a Baker DiGirolamo Kortz Quinn, M. city of Pittsburgh cop trying to arrest somebody in Philadelphia. Barbin Donatucci Krueger Ravenstahl Bernstine Driscoll Kulik Readshaw It does not apply. If he is there as a private citizen, then he has Bizzarro Ellis Lewis Reed got his own civil citizen's arrest exposure. This amendment, we Boback Evans Longietti Roe have got a bargain here. The bargain is, we have free humane Boyle Farry Madden Roebuck officers instead of having to pay for them, as is the case in many Bradford Fitzgerald Maher Rozzi Briggs Flynn Markosek Sainato States. The new part of the bargain is, we are going to make Brown, V. Frankel Marsico Samuelson sure that any humane officer is qualified by asking the district Bullock Freeman Masser Santora attorney and a judge to use their judgment. Burns Gainey Matzie Schlossberg To be concerned about whether this immunity applies to Caltagirone Galloway McCarter Schweyer Carroll Gillespie McClinton Sims farms that are not part of this bill just does not really make a lot Cephas Godshall Mehaffie Snyder of sense to me, and for that reason I am going to oppose this Charlton Goodman Mentzer Solomon amendment. And I hope, and I stand for agriculture, but just Comitta Greiner Metzgar Sonney saying "farm" does not make it about farms. This is not about Conklin Haggerty Miccarelli Staats Corbin Hanna Miller, D. Stephens farms and let us leave farms out of the conversation because Corr Harkins Milne Sturla they are out of the bill. They are not covered by this law. So let Costa, D. Harper Mullery Thomas it be, as the Beatles would say, let it be. Cruz Harris, A. Murt Toepel The SPEAKER. Representative . Cutler Harris, J. Neilson Topper Daley Hill Nesbit Vazquez Mr. JOZWIAK. Thank you, Mr. Speaker. Davidson Kampf Neuman Vitali I am hearing the debate and I am hearing about all the Davis Kaufer O'Brien Warren training that these humane officers are supposed to get. The Dawkins Kauffman O'Neill Wheatley question that I have is, where do they get this training and who Dean Kavulich Ortitay Wheeland 2017 LEGISLATIVE JOURNAL—HOUSE 587

Deasy Keller, W. Pashinski White Amend Bill, page 37, line 27, by striking out "veterinarian" and DeLissio Kim Petrarca Youngblood inserting Delozier Kinsey Petri licensed doctor of veterinary medicine DeLuca Kirkland Quigley Turzai, Amend Bill, page 38, line 6, by striking out "veterinarian" and Dermody Klunk Quinn, C. Speaker inserting NOT VOTING–0 licensed doctor of veterinary medicine Amend Bill, page 38, line 17, by striking out "veterinarian" and EXCUSED–12 inserting licensed doctor of veterinary medicine Christiana Gergely Mako Simmons Amend Bill, page 38, line 23, by striking out "veterinarian" and Costa, P. Hennessey McNeill Taylor inserting Fabrizio James Rabb Watson licensed doctor of veterinary medicine Amend Bill, page 38, line 25, by striking out "veterinarian" and inserting Less than the majority having voted in the affirmative, the licensed doctor of veterinary medicine question was determined in the negative and the amendment Amend Bill, page 39, line 5, by striking out "veterinarian" and inserting was not agreed to. licensed doctor of veterinary medicine Amend Bill, page 46, line 14, by inserting after "veterinarians" CONSIDERATION OF , technicians and assistants AMENDMENT 00766 CONTINUED Amend Bill, page 46, line 15, by striking out "veterinarian" and inserting On the question recurring, licensed doctor of veterinary medicine, certified veterinary Will the House agree to the bill on second consideration? technician or veterinary assistant

The clerk read the following amendment No. A00766: On the question recurring, Will the House agree to the amendment? Amend Bill, page 28, line 18, by striking out "veterinarian" and inserting The SPEAKER. On the amendment, Representative Marsico. licensed doctor of veterinary medicine Mr. MARSICO. Thank you, Mr. Speaker. Amend Bill, page 28, lines 28 and 29, by striking out all of said This is a much less controversial amendment. It is a technical lines amendment and clarifies the term "veterinarian" in the bill. It Amend Bill, page 35, line 4, by striking out "veterinarian" and replaces the general word "veterinarian" in the bill with the inserting more precise term "licensed doctor of veterinary medicine" licensed doctor of veterinary medicine Amend Bill, page 35, line 8, by striking out "veterinarian" and where that is appropriate. inserting So I would ask for an affirmative vote. I understand it is licensed doctor of veterinary medicine agreed to. Thank you. Amend Bill, page 35, line 19, by striking out "veterinarian" and The SPEAKER. Representative Stephens, on the inserting amendment. licensed doctor of veterinary medicine Mr. STEPHENS. This is an agreed-to amendment, Amend Bill, page 35, line 29, by striking out "veterinarian" and Mr. Speaker. Thank you. inserting licensed doctor of veterinary medicine On the question recurring, Amend Bill, page 36, line 2, by striking out "veterinarian" and inserting Will the House agree to the amendment? licensed doctor of veterinary medicine Amend Bill, page 36, line 13, by striking out "veterinarian" and The following roll call was recorded: inserting licensed doctor of veterinary medicine YEAS–191 Amend Bill, page 36, line 22, by striking out "veterinarian" and inserting Baker Emrick Krueger Rapp licensed doctor of veterinary medicine Barbin English Kulik Ravenstahl Amend Bill, page 36, line 27, by striking out "veterinarian" and Barrar Evankovich Lawrence Readshaw inserting Benninghoff Evans Lewis Reed Bernstine Everett Longietti Reese licensed doctor of veterinary medicine Bizzarro Farry Mackenzie Roae Amend Bill, page 36, line 29, by striking out "veterinarian" and Bloom Fee Madden Roe inserting Boback Fitzgerald Maher Roebuck licensed doctor of veterinary medicine Boyle Flynn Maloney Rothman Amend Bill, page 37, line 1, by striking out "veterinarian's" and Bradford Frankel Markosek Rozzi inserting Briggs Freeman Marshall Ryan licensed doctor of veterinary medicine's Brown, R. Fritz Marsico Saccone Amend Bill, page 37, line 15, by striking out "veterinarian" and Brown, V. Gabler Masser Sainato Bullock Gainey Matzie Samuelson inserting Burns Galloway McCarter Sankey licensed doctor of veterinary medicine Caltagirone Gillen McClinton Santora Amend Bill, page 37, line 25, by striking out "veterinarian" and Carroll Gillespie McGinnis Saylor inserting Causer Godshall Mehaffie Schemel licensed doctor of veterinary medicine Cephas Goodman Mentzer Schlossberg 588 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Charlton Greiner Metcalfe Schweyer The following roll call was recorded: Comitta Grove Metzgar Sims Conklin Haggerty Miccarelli Snyder Cook Hahn Millard Solomon YEAS–191 Corbin Hanna Miller, B. Sonney Corr Harkins Miller, D. Staats Baker Emrick Krueger Rapp Costa, D. Harper Milne Stephens Barbin English Kulik Ravenstahl Cox Harris, A. Moul Sturla Barrar Evankovich Lawrence Readshaw Cruz Harris, J. Mullery Tallman Benninghoff Evans Lewis Reed Culver Heffley Murt Thomas Bernstine Everett Longietti Reese Cutler Helm Mustio Tobash Bizzarro Farry Mackenzie Roae Daley Hickernell Neilson Toepel Bloom Fee Madden Roe Davidson Hill Nelson Toohil Boback Fitzgerald Maher Roebuck Davis Irvin Nesbit Topper Boyle Flynn Maloney Rothman Dawkins Jozwiak Neuman Vazquez Bradford Frankel Markosek Rozzi Day Kampf O'Brien Vitali Briggs Freeman Marshall Ryan Dean Kaufer O'Neill Walsh Brown, R. Fritz Marsico Saccone Deasy Kauffman Oberlander Ward Brown, V. Gabler Masser Sainato DeLissio Kavulich Ortitay Warner Bullock Gainey Matzie Samuelson Delozier Keefer Pashinski Warren Burns Galloway McCarter Sankey DeLuca Keller, F. Peifer Wentling Caltagirone Gillen McClinton Santora Dermody Keller, M.K. Petrarca Wheatley Carroll Gillespie McGinnis Saylor Diamond Keller, W. Petri Wheeland Causer Godshall Mehaffie Schemel DiGirolamo Kim Pickett White Cephas Goodman Mentzer Schlossberg Donatucci Kinsey Pyle Youngblood Charlton Greiner Metcalfe Schweyer Dowling Kirkland Quigley Zimmerman Comitta Grove Metzgar Sims Driscoll Klunk Quinn, C. Conklin Haggerty Miccarelli Snyder Dunbar Knowles Quinn, M. Turzai, Cook Hahn Millard Solomon Dush Kortz Rader Speaker Corbin Hanna Miller, B. Sonney Ellis Corr Harkins Miller, D. Staats Costa, D. Harper Milne Stephens NAYS–0 Cox Harris, A. Moul Sturla Cruz Harris, J. Mullery Tallman

Culver Heffley Murt Thomas NOT VOTING–0 Cutler Helm Mustio Tobash Daley Hickernell Neilson Toepel EXCUSED–12 Davidson Hill Nelson Toohil Davis Irvin Nesbit Topper Christiana Gergely Mako Simmons Dawkins Jozwiak Neuman Vazquez Costa, P. Hennessey McNeill Taylor Day Kampf O'Brien Vitali Fabrizio James Rabb Watson Dean Kaufer O'Neill Walsh Deasy Kauffman Oberlander Ward DeLissio Kavulich Ortitay Warner Delozier Keefer Pashinski Warren The majority having voted in the affirmative, the question DeLuca Keller, F. Peifer Wentling was determined in the affirmative and the amendment was Dermody Keller, M.K. Petrarca Wheatley agreed to. Diamond Keller, W. Petri Wheeland DiGirolamo Kim Pickett White Donatucci Kinsey Pyle Youngblood On the question, Dowling Kirkland Quigley Zimmerman Will the House agree to the bill on second consideration as Driscoll Klunk Quinn, C. amended? Dunbar Knowles Quinn, M. Turzai, Dush Kortz Rader Speaker Ellis Mr. MARSICO offered the following amendment No. A00931: NAYS–0

Amend Bill, page 38, line 18, by striking out "Declawing" and NOT VOTING–0 inserting Dewclawing EXCUSED–12

On the question, Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor Will the House agree to the amendment? Fabrizio James Rabb Watson

The SPEAKER. On the amendment, Representative Marsico. Mr. MARSICO. Thank you, Mr. Speaker. The majority having voted in the affirmative, the question This is an agreed-to technical amendment which corrects a was determined in the affirmative and the amendment was misspelling in the section where "declawing" should read agreed to. "dewclawing." It is purely a technical correction. Thank you. On the question recurring, On the question recurring, Will the House agree to the bill on second consideration as Will the House agree to the amendment? amended?

2017 LEGISLATIVE JOURNAL—HOUSE 589

Bill as amended was agreed to. Deasy Kauffman Oberlander Ward DeLissio Kavulich Ortitay Warner Delozier Keefer Pashinski Warren The SPEAKER. The bill as amended will be reprinted. DeLuca Keller, F. Peifer Wentling Dermody Keller, M.K. Petrarca Wheatley Diamond Keller, W. Petri Wheeland GUESTS INTRODUCED DiGirolamo Kim Pickett White Donatucci Kinsey Pyle Youngblood The SPEAKER. Located to the left of the rostrum, the Chair Dowling Kirkland Quigley Zimmerman welcomes students from the McCourt School of Public Policy at Driscoll Klunk Quinn, C. Dunbar Knowles Quinn, M. Turzai, Georgetown University, and they are joined by our good friend, Dush Kortz Rader Speaker former colleague, and their adjunct professor, Representative Ellis Chris Ross. Please everybody give Chris a round of applause. Representative Ross has with him these students: Bryan NAYS–0 Baird, Mariam Ghavalyn, Shane McCarthy, Michael Ridings, Victoria Rosenboom, Hanna Schurman, and Takayuki Shirai. NOT VOTING–0 Thank you so much, each and every one of you, for being with EXCUSED–12 us today. It is an honor. Thank you. Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor RESOLUTION Fabrizio James Rabb Watson

Mr. BAKER called up HR 27, PN 941, entitled:

A Resolution encouraging the medical community of this The majority having voted in the affirmative, the question Commonwealth to help raise awareness of unethical organ transplant was determined in the affirmative and the resolution was practices in China. adopted.

On the question, Will the House adopt the resolution? BILL ON SECOND CONSIDERATION

The House proceeded to second consideration of HB 671, The following roll call was recorded: PN 717, entitled:

YEAS–191 An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous Baker Emrick Krueger Rapp articles, further providing for limitation on the regulation of firearms Barbin English Kulik Ravenstahl and ammunition. Barrar Evankovich Lawrence Readshaw Benninghoff Evans Lewis Reed Bernstine Everett Longietti Reese On the question, Bizzarro Farry Mackenzie Roae Will the House agree to the bill on second consideration? Bloom Fee Madden Roe Boback Fitzgerald Maher Roebuck The SPEAKER. There are a number of amendments that are Boyle Flynn Maloney Rothman Bradford Frankel Markosek Rozzi offered. We are going to go by order of the number on the Briggs Freeman Marshall Ryan amendment. Brown, R. Fritz Marsico Saccone Brown, V. Gabler Masser Sainato On the question recurring, Bullock Gainey Matzie Samuelson Burns Galloway McCarter Sankey Will the House agree to the bill on second consideration? Caltagirone Gillen McClinton Santora Carroll Gillespie McGinnis Saylor Mr. THOMAS offered the following amendment Causer Godshall Mehaffie Schemel No. A00773: Cephas Goodman Mentzer Schlossberg Charlton Greiner Metcalfe Schweyer Comitta Grove Metzgar Sims Amend Bill, page 1, line 8, by inserting after "amended" Conklin Haggerty Miccarelli Snyder and the section is amended by adding a subsection Cook Hahn Millard Solomon Amend Bill, page 2, line 9, by striking out "60" and inserting Corbin Hanna Miller, B. Sonney 180 Corr Harkins Miller, D. Staats Amend Bill, page 2, by inserting between lines 19 and 20 Costa, D. Harper Milne Stephens (a.4) Notice to file action.–The written notice of intent to file Cox Harris, A. Moul Sturla action as provided in subsection (a.3) must provide in detail a written Cruz Harris, J. Mullery Tallman Culver Heffley Murt Thomas explanation specifying the provision by which the person is affected Cutler Helm Mustio Tobash and how the person is adversely affected by the provision. Daley Hickernell Neilson Toepel Davidson Hill Nelson Toohil On the question, Davis Irvin Nesbit Topper Will the House agree to the amendment? Dawkins Jozwiak Neuman Vazquez Day Kampf O'Brien Vitali Dean Kaufer O'Neill Walsh The SPEAKER. Members, please take your seats. On the amendment, Representative Curtis Thomas.

590 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Mr. THOMAS. Thank you, Mr. Speaker. Evankovich Kulik Pyle Zimmerman Mr. Speaker, the amendment is pretty straightforward. It asks Evans Lawrence Quigley Everett Lewis Quinn, C. Turzai, for 180 days' notice of intent to file suit and requires that the Farry Longietti Quinn, M. Speaker adverse impact be disclosed in the notice of intent to file suit. Fee Mackenzie So it is straightforward. We are asking for 180 days. The SPEAKER. Representative , on the NOT VOTING–0 amendment, sir. Mr. M. KELLER. Thank you, Mr. Speaker. EXCUSED–12

Mr. Speaker, originally when the bill was written, we had Christiana Gergely Mako Simmons written for 30 days. I was approached that that may not be quite Costa, P. Hennessey McNeill Taylor long enough so we extended it to 60 days. Having past been a Fabrizio James Rabb Watson public official at the municipal level, I know that 60 days is more than a sufficient amount of time for a municipality to have notice. Less than the majority having voted in the affirmative, the I would appreciate the members not supporting this question was determined in the negative and the amendment amendment. Thank you. was not agreed to.

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on second consideration?

The following roll call was recorded: Mr. THOMAS offered the following amendment No. A00774: YEAS–51 Amend Bill, page 1, line 8, by inserting after "amended" Boyle Dawkins Keller, W. Samuelson and the section is amended by adding a subsection Bradford Dean Kim Schlossberg Amend Bill, page 2, line 9, by striking out "60" and inserting Briggs Deasy Kinsey Schweyer 120 Brown, V. DeLissio Kirkland Sims Amend Bill, page 2, by inserting between lines 19 and 20 Bullock Dermody Krueger Solomon (a.4) Notice to file action.–The written notice of intent to file Caltagirone Donatucci Madden Sturla Cephas Driscoll Matzie Thomas action as provided in subsection (a.3) must provide in detail a written Comitta Fitzgerald McCarter Vazquez explanation specifying the provision by which the person is adversely Conklin Frankel McClinton Vitali affected and how the person is adversely affected by the provision. Cruz Freeman Miller, D. Warren Daley Gainey O'Brien Wheatley On the question, Davidson Galloway Ravenstahl Youngblood Davis Harris, J. Roebuck Will the House agree to the amendment?

NAYS–140 The SPEAKER. On the amendment, Representative Curtis Thomas is recognized. Baker Flynn Maher Rader Mr. THOMAS. Thank you, Mr. Speaker. Barbin Fritz Maloney Rapp Barrar Gabler Markosek Readshaw Mr. Speaker, I have heard these concerns about the need to Benninghoff Gillen Marshall Reed respect local municipalities. I have heard the concerns about it Bernstine Gillespie Marsico Reese is necessary to get it right, balance interests. Mr. Speaker, there Bizzarro Godshall Masser Roae is no effort in 774 to change the paradigm in this amendment. Bloom Goodman McGinnis Roe Boback Greiner Mehaffie Rothman All it is asking is for 120 days. Brown, R. Grove Mentzer Rozzi Now, when you consider what goes on at the local level and Burns Haggerty Metcalfe Ryan how tough it can be in dealing with some of these complex Carroll Hahn Metzgar Saccone issues, Mr. Speaker, I think there is something fundamentally Causer Hanna Miccarelli Sainato Charlton Harkins Millard Sankey wrong for us to be sitting here dictating to our local Cook Harper Miller, B. Santora communities what they should be doing and should not be Corbin Harris, A. Milne Saylor doing. I think that this is an assault on local control, it is an Corr Heffley Moul Schemel assault on everyday people in our local communities, and, Costa, D. Helm Mullery Snyder Cox Hickernell Murt Sonney Mr. Speaker, I started to open up with asking for an inquiry of Culver Hill Mustio Staats the maker of this bill. But, Mr. Speaker, I know that there has Cutler Irvin Neilson Stephens been no conversation with my mayor, my police commissioner, Day Jozwiak Nelson Tallman my council president, my PICA (Pennsylvania Delozier Kampf Nesbit Tobash DeLuca Kaufer Neuman Toepel Intergovernmental Cooperation Authority) board, my ward Diamond Kauffman O'Neill Toohil leaders, my committee people, and my precinct captains. DiGirolamo Kavulich Oberlander Topper Mr. Speaker, I did not ask the question because I know Dowling Keefer Ortitay Walsh Miss Hattie has not been conferred with about whether or not Dunbar Keller, F. Pashinski Ward Dush Keller, M.K. Peifer Warner this is an appropriate assault, an appropriate thing to be doing to Ellis Klunk Petrarca Wentling our local communities. Emrick Knowles Petri Wheeland English Kortz Pickett White 2017 LEGISLATIVE JOURNAL—HOUSE 591

Now, Mr. Speaker, I saw the last vote. I was surprised. Diamond Kauffman O'Neill Toohil I wish I had known it earlier when I put up some of the other DiGirolamo Kavulich Oberlander Topper Dowling Keefer Ortitay Walsh votes for folks that I did not know then that they were waiting to Dunbar Keller, F. Pashinski Ward slap me. But, Mr. Speaker, I saw the votes and I remember the Dush Keller, M.K. Peifer Warner votes, and all I am asking is, give our local communities Ellis Klunk Petrarca Wentling 120 days. I am also asking that the adverse effect, because this Emrick Knowles Petri Wheeland English Kortz Pickett White kind of adversarial relationship has serious consequences, if Evankovich Kulik Pyle Zimmerman people should be aware of the consequences when there is a Everett Lawrence Quigley notice filed of intent to sue. Farry Lewis Quinn, C. Turzai, Mr. Speaker, this bill is extending rights to folks who have Fee Longietti Quinn, M. Speaker Flynn Mackenzie Rader never had these kinds of rights. I started this, opened up the conversation with asking my friend – because I think I heard NOT VOTING–0 last night that the President will be here this Saturday – is this for him? But I did not ask that. I know my friend is trying to do EXCUSED–12 the right thing and operating on the right motivation. But, Mr. Speaker, let us consider our communities, and Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor I hope I see more than 55 votes up there on this amendment. Fabrizio James Rabb Watson The SPEAKER. Representative Mark Keller, on the amendment, sir. Mr. M. KELLER. Thank you, Mr. Speaker. Less than the majority having voted in the affirmative, the As I stated in the last amendment, the same reason, I would question was determined in the negative and the amendment appreciate a "no" vote. was not agreed to.

On the question recurring, Will the House agree to the amendment? GUESTS INTRODUCED

The SPEAKER. Members, we have a special guest to The following roll call was recorded: introduce today, a guest of Representative Frank Farry and

Representative Kate Harper. We have with us Merrill Reese and YEAS–54 his wife Cindy, and as many of you know, Merrill is the voice Boyle Dawkins Keller, W. Roebuck of the Philadelphia Eagles. Merrill, would you please stand? Bradford Dean Kim Samuelson Cindy, it is so great to have you here with Merrill. We are very Briggs Deasy Kinsey Schlossberg appreciative. Brown, V. DeLissio Kirkland Schweyer Bullock Dermody Krueger Sims I saw our good friend, Senator Tomlinson, was on the House Caltagirone Donatucci Madden Solomon floor, too, and Senator, how are you? You may not remember – Carroll Driscoll Matzie Sturla I think you were a House member, right, Senator? Good to have Cephas Evans McCarter Thomas you here, sir. Thank you so much. Comitta Fitzgerald McClinton Vazquez Conklin Frankel Miller, D. Vitali And, Merrill, thank you. Cindy, thank you. Cruz Freeman Neilson Warren Daley Gainey O'Brien Wheatley At this time we will continue with the amendments. Davidson Galloway Ravenstahl Youngblood Davis Harris, J. THE SPEAKER PRO TEMPORE NAYS–137 (MATTHEW E. BAKER) PRESIDING

Baker Fritz Maher Rapp Barbin Gabler Maloney Readshaw CONSIDERATION OF HB 671 CONTINUED Barrar Gillen Markosek Reed Benninghoff Gillespie Marshall Reese On the question recurring, Bernstine Godshall Marsico Roae Will the House agree to the bill on second consideration? Bizzarro Goodman Masser Roe Bloom Greiner McGinnis Rothman Boback Grove Mehaffie Rozzi Mr. THOMAS offered the following amendment Brown, R. Haggerty Mentzer Ryan No. A00775: Burns Hahn Metcalfe Saccone Causer Hanna Metzgar Sainato Charlton Harkins Miccarelli Sankey Amend Bill, page 1, line 8, by inserting after "amended" Cook Harper Millard Santora and the section is amended by adding a subsection Corbin Harris, A. Miller, B. Saylor Amend Bill, page 2, line 9, by striking out "60" and inserting Corr Heffley Milne Schemel 90 Costa, D. Helm Moul Snyder Amend Bill, page 2, by inserting between lines 19 and 20 Cox Hickernell Mullery Sonney (a.4) Notice to file action.–The written notice of intent to file Culver Hill Murt Staats action as provided in subsection (a.3) must provide in detail a written Cutler Irvin Mustio Stephens explanation specifying the provision by which the person is adversely Day Jozwiak Nelson Tallman Delozier Kampf Nesbit Tobash affected and how the person is adversely affected by the provision. DeLuca Kaufer Neuman Toepel

592 LEGISLATIVE JOURNAL—HOUSE APRIL 25

On the question, The SPEAKER pro tempore. The Chair thanks the Will the House agree to the amendment? gentleman and recognizes the gentleman, Mr. Pyle, on the Thomas amendment. The SPEAKER pro tempore. On that question, the Mr. PYLE. Thank you, Mr. Speaker. I am waiving off. gentleman, Mr. Thomas, is recognized. However, I think we need to look at the last statement that Mr. THOMAS. Mr. Speaker, may I interrogate the author of was made. To assume that any of my honored colleagues on this the bill? floor do not care about the people they represent is a misnomer The SPEAKER pro tempore. The gentleman has agreed and and highly erroneous. he will agree, Mr. Thomas, but before us is your amendment. Thank you, Mr. Speaker. But he has agreed to a brief period of interrogation. The SPEAKER pro tempore. The Chair thanks the Mr. THOMAS. Thank you, Mr. Speaker. gentleman. Mr. Speaker, do you believe that any extension of time for The Chair recognizes the gentleman, Mr. Thomas, for the the notice to file suit is necessary? second time. Mr. M. KELLER. Thank you, Mr. Speaker. Mr. THOMAS. Thank you, Mr. Speaker. Yes, that is why I have 60 days in there for that. Representative Pyle is correct. I believe that you do care Mr. THOMAS. And you believe the 60 days is a sufficient about the people that you represent and the counties that you amount of time? represent, and so I look for a "yes" vote on the Thomas Mr. M. KELLER. Absolutely. As a past municipal amendment. supervisor, I firsthand know that it does not take long to change The SPEAKER pro tempore. The Chair recognizes the things if need be, and I will finish out with the fact that it should gentleman, Mr. Mark Keller, on the amendment. not take long at all to take something off the books that is Mr. M. KELLER. Thank you, Mr. Speaker. actually illegal. This, again, is not an agreed-to amendment, as was stated in Thank you, Mr. Speaker. the past. I would appreciate a "no" vote. Thank you. Mr. THOMAS. Mr. Speaker, have you had a chance to talk The SPEAKER pro tempore. The Chair thanks the with the people in Philadelphia County, a mayor, police gentleman. commissioner— The SPEAKER pro tempore. Mr. Thomas, the Chair has On the question recurring, been advised that the line of questioning is rather inappropriate, Will the House agree to the amendment? as before us is your amendment, not the bill. Obviously, it is your prerogative to have these kinds of interrogations on final The following roll call was recorded: passage, but we would hope that you would maintain your comments to your amendment as before the House. YEAS–53 Mr. THOMAS. Well, Mr. Speaker, I think that the author of the bill is as respectful of the House and the speaker as I am of Boyle Dean Keller, W. Roebuck Bradford Deasy Kim Samuelson him. I have several amendments here. I might not need to delay Briggs DeLissio Kinsey Schlossberg the resolution of this if the speaker can tell me whether he has Brown, V. Dermody Kirkland Schweyer any belief that any conversations should be taken on extending Bullock Donatucci Krueger Sims the 60-day notice, or should we just go through it? Caltagirone Driscoll Madden Solomon Cephas Evans Matzie Sturla The SPEAKER pro tempore. Mr. Thomas, the Chair has Comitta Fitzgerald McCarter Thomas been advised by the Parliamentarian that it is an inappropriate Conklin Frankel McClinton Vazquez question to inquire as to whom he may or may not have had Cruz Freeman Miller, D. Vitali conversations with, and again, we are encouraging you to Daley Gainey Neilson Warren Davidson Galloway O'Brien Wheatley remain true to the discussion of what is before the House, and Davis Harris, J. Ravenstahl Youngblood that is your amendment. Dawkins Mr. THOMAS. Thank you, Mr. Speaker. The SPEAKER pro tempore. Thank you, sir. NAYS–138 Mr. THOMAS. Let me thank the speaker for responding to Baker Flynn Mackenzie Rader the brief interrogation. Barbin Fritz Maher Rapp Before the House is amendment 775, and 775 would require Barrar Gabler Maloney Readshaw a 90-day notice of intent to file suit, 3 months. And we ask that Benninghoff Gillen Markosek Reed in that notice, that the adverse impact, the adverse, the Bernstine Gillespie Marshall Reese Bizzarro Godshall Marsico Roae unintended and intended consequences of this action, will be Bloom Goodman Masser Roe enclosed in the notice. At a minimum, I think that our voters, Boback Greiner McGinnis Rothman and more importantly, our local officials, need to have some Brown, R. Grove Mehaffie Rozzi input in this decisionmaking. Burns Haggerty Mentzer Ryan Carroll Hahn Metcalfe Saccone So, Mr. Speaker, I ask the people of this House, on both the Causer Hanna Metzgar Sainato right and left, D and R, if you believe in the people that voted Charlton Harkins Miccarelli Sankey you in the county that you represent, then vote "yes" on the Cook Harper Millard Santora Thomas amendment. If you do not really care about the people Corbin Harris, A. Miller, B. Saylor Corr Heffley Milne Schemel that you represent and the counties that you represent, then vote Costa, D. Helm Moul Snyder "no." Cox Hickernell Mullery Sonney

2017 LEGISLATIVE JOURNAL—HOUSE 593

Culver Hill Murt Staats I know that the advertising requirements that are required would Cutler Irvin Mustio Stephens give them the adequate time to do that. Day Jozwiak Nelson Tallman Delozier Kampf Nesbit Tobash Mr. THOMAS. Mr. Speaker, does that change also require DeLuca Kaufer Neuman Toepel that adverse impact be included in the notice? Diamond Kauffman O'Neill Toohil Mr. M. KELLER. Mr. Speaker, I am not sure what you are DiGirolamo Kavulich Oberlander Topper questioning there. Dowling Keefer Ortitay Walsh Dunbar Keller, F. Pashinski Ward Mr. THOMAS. Whether or not the notice would include the Dush Keller, M.K. Peifer Warner economic, social, and other consequences arising out of a Ellis Klunk Petrarca Wentling lawsuit. For example— Emrick Knowles Petri Wheeland Mr. M. KELLER. All it requires is that you notify the English Kortz Pickett White Evankovich Kulik Pyle Zimmerman municipality of the illegal ordinance that exists. Everett Lawrence Quigley Mr. THOMAS. Okay, and I guess what my amendment is Farry Lewis Quinn, C. Turzai, asking, and maybe you support that, the municipality and/or the Fee Longietti Quinn, M. Speaker county should know the economic consequences arising out of

NOT VOTING–0 its desire to defend. Mr. M. KELLER. It is all right in the bill itself. Thank you. EXCUSED–12 Mr. THOMAS. It is in the bill?

Christiana Gergely Mako Simmons AMENDMENT WITHDRAWN Costa, P. Hennessey McNeill Taylor Fabrizio James Rabb Watson Mr. THOMAS. Mr. Speaker, then I will withdraw this amendment ― Less than the majority having voted in the affirmative, the The SPEAKER pro tempore. The Chair thanks the question was determined in the negative and the amendment gentleman. was not agreed to. Mr. THOMAS. ―and I will be back on the other amendments. On the question recurring, The SPEAKER pro tempore. And he has withdrawn Will the House agree to the bill on second consideration? amendment 777.

Mr. THOMAS offered the following amendment On the question recurring, No. A00777: Will the House agree to the bill on second consideration?

Amend Bill, page 1, line 8, by inserting after "amended" Mr. THOMAS offered the following amendment and the section is amended by adding a subsection No. A00778: Amend Bill, page 2, by inserting between lines 19 and 20 (a.4) Notice to file action.–The written notice of intent to file Amend Bill, page 2, line 8, by inserting a bracket before action as provided in subsection (a.3) must provide in detail a written "Reasonable" explanation specifying the provision by which the person is adversely Amend Bill, page 2, line 8, by inserting after "expenses" affected and how the person is adversely affected by the provision. ] Expenses Amend Bill, page 2, line 11, by inserting a bracket before On the question, "reasonable" Will the House agree to the amendment? Amend Bill, page 2, line 11, by inserting a bracket after "reasonable"

Amend Bill, page 2, by inserting between lines 25 and 26 The SPEAKER pro tempore. On that question, the "Expenses." The term includes, but is not limited to, attorney gentleman, Mr. Thomas, is recognized. fees, expert witness fees, court costs and compensation for loss of Mr. THOMAS. Thank you, Mr. Speaker. income. Mr. Speaker, it might be unnecessary to entertain this Amend Bill, page 3, line 11, by inserting a bracket before amendment if the speaker – do not clap yet; wait a minute – if ""Reasonable" the speaker, I thought I heard him say earlier that he has Amend Bill, page 3, line 13, by inserting a bracket after extended the notice from 30 to 60 days. Is that correct? "income." The SPEAKER pro tempore. Are you requesting a brief period of interrogation for the record? On the question, Mr. THOMAS. Yes. Will the House agree to the amendment? The SPEAKER pro tempore. Mr. Keller has agreed. Mr. THOMAS. Mr. Speaker, is it my understanding that you The SPEAKER pro tempore. On that question, the have extended the notice of time to file suit from 30 days to gentleman, Mr. Thomas, is recognized. 60 days? Mr. Thomas, are you withdrawing amendment 778 as well? Mr. M. KELLER. Mr. Speaker, as per the last writing of the Mr. THOMAS. No. bill in last session, it was for 30 days. We extended it to 60 days The SPEAKER pro tempore. Mr. Thomas, you are because of the fact that I was contacted by local individuals that recognized on 778. 60 days would work better, and being a local official myself,

594 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Mr. THOMAS. Thank you, Mr. Speaker. Evankovich Kulik Quinn, C. Mr. Speaker, 778 defines what reasonable expenses can be Evans Lawrence Quinn, M. Turzai, Everett Lewis Rader Speaker awarded by the court. Reimbursable expenses oftentimes will Farry Longietti Rapp include attorney's fees, expert fees, court costs, and loss of income. That is not spelled out in the bill, and so what my NOT VOTING–0 amendment does is to lay that out clearly so municipalities, counties, and voters would know what is going on in this bill. EXCUSED–12 The SPEAKER pro tempore. The Chair thanks the Christiana Gergely Mako Simmons gentleman and recognizes the gentleman, Mr. Mark Keller, on Costa, P. Hennessey McNeill Taylor the amendment. Fabrizio James Rabb Watson Mr. M. KELLER. Thank you, Mr. Speaker. Nobody should vote against the word "reasonable." Please vote "no" on this amendment. Less than the majority having voted in the affirmative, the The SPEAKER pro tempore. The Chair thanks the question was determined in the negative and the amendment gentleman. was not agreed to.

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on second consideration?

The following roll call was recorded: Mr. THOMAS offered the following amendment No. A00780: YEAS–42 Amend Bill, page 1, line 8, by inserting after "amended" Boyle Davis Kim Roebuck and the section is amended by adding a subsection Bradford Dawkins Kinsey Schlossberg Amend Bill, page 2, by inserting between lines 19 and 20 Briggs DeLissio Kirkland Sims (a.4) Applicability.–This section shall not apply to a city of the Brown, V. Dermody Krueger Solomon Bullock Donatucci Madden Sturla first class. Caltagirone Driscoll McCarter Thomas Cephas Fitzgerald McClinton Vazquez On the question, Comitta Gainey Miller, D. Vitali Will the House agree to the amendment? Cruz Galloway Neilson Wheatley Daley Harris, J. O'Brien Youngblood Davidson Keller, W. The SPEAKER pro tempore. On that question, the gentleman, Mr. Thomas, is recognized. NAYS–149 Mr. THOMAS. Thank you, Mr. Speaker. This amendment would exempt cities of the first class. Baker Fee Mackenzie Ravenstahl Barbin Flynn Maher Readshaw Mr. Speaker, I have multiple amendments that I filed to this Barrar Frankel Maloney Reed bill, and I would ask just one of you, just one of you to come to Benninghoff Freeman Markosek Reese my district or come to some of the neighborhoods in Bernstine Fritz Marshall Roae Pennsylvania where babies 3 and 4 years old are dying, where Bizzarro Gabler Marsico Roe Bloom Gillen Masser Rothman neighborhoods and municipalities are struggling with economic Boback Gillespie Matzie Rozzi and other issues in trying to make our community a safe Brown, R. Godshall McGinnis Ryan community. Burns Goodman Mehaffie Saccone Mr. Speaker, this whole notion about everybody having Carroll Greiner Mentzer Sainato Causer Grove Metcalfe Samuelson guns. I had three young men gunned down at 3 o'clock in the Charlton Haggerty Metzgar Sankey afternoon in front of a parochial school 2 weeks ago, and Conklin Hahn Miccarelli Santora I know that if my police commissioner, my mayor, my city Cook Hanna Millard Saylor council, and the people from Philadelphia in this delegation, Corbin Harkins Miller, B. Schemel Corr Harper Milne Schweyer whether they be white, black, yellow, or green, if they had an Costa, D. Harris, A. Moul Snyder opportunity to do something about the proliferation and Cox Heffley Mullery Sonney lawlessness associated with guns in Philadelphia, those three Culver Helm Murt Staats men would be alive today. Cutler Hickernell Mustio Stephens Day Hill Nelson Tallman So, Mr. Speaker, I keep coming to you because it is Dean Irvin Nesbit Tobash unfortunate. It was preemption that destroyed local Deasy Jozwiak Neuman Toepel municipalities' ability to do something about the lawlessness in Delozier Kampf O'Neill Toohil their communities. Do you remember the uniform firearms law? DeLuca Kaufer Oberlander Topper Diamond Kauffman Ortitay Walsh The uniform firearms law was introduced by the General DiGirolamo Kavulich Pashinski Ward Assembly – introduced, supported, and taken away from Dowling Keefer Peifer Warner communities like York, Pennsylvania; Harrisburg; Erie, Dunbar Keller, F. Petrarca Warren Pennsylvania; Chester, Pennsylvania; and Philadelphia, Dush Keller, M.K. Petri Wentling Ellis Klunk Pickett Wheeland Pennsylvania that were trying to get a handle on the lawlessness Emrick Knowles Pyle White that existed. English Kortz Quigley Zimmerman 2017 LEGISLATIVE JOURNAL—HOUSE 595

Mr. Speaker, the problem that our communities are Cephas Fitzgerald McClinton Thomas confronting today is not just the existence, the ability of kids to Comitta Frankel Neilson Vazquez Cruz Freeman O'Brien Vitali get guns quicker than they can get a book to read. Also, the Daley Gainey Pashinski Warren lawlessness associated with the mindset of a child with a Davidson Galloway Ravenstahl Wheatley .350 automatic gun. Davis Harris, J. Roebuck Youngblood Mr. Speaker, all this amendment does is ask that we give Dawkins Keller, W.

Philadelphia a chance. This year as compared to last year has NAYS–141 witnessed to almost 100 more homicides and shootings than they did last year. I sat some young people down and I talked to Baker Fee Mackenzie Rader them and I asked them, "What is the problem?" You know what Barbin Flynn Maher Rapp they said to me? They said, "Mr. Thomas, we can go get a gun Barrar Fritz Maloney Readshaw Benninghoff Gabler Markosek Reed any place we want to get one, and you, through your TVs, Bernstine Gillen Marshall Reese through your radios, through your advertisements, say to us that Bizzarro Gillespie Marsico Roae any time somebody does something to me, that I can pull a gun Bloom Godshall Masser Roe and kill them, that I can solve any problem I want with a gun in Boback Goodman Matzie Rothman Brown, R. Greiner McGinnis Rozzi my hand." That is what they said to me. Burns Grove Mehaffie Ryan Mr. Speaker, we have the ability to put some brakes on this Carroll Haggerty Mentzer Saccone and we can start in the city of brotherly love and sisterly Causer Hahn Metcalfe Sainato affection. Exempt Philadelphia County from the application of Charlton Hanna Metzgar Sankey Conklin Harkins Miccarelli Santora this harsh proposal contained in this bill. Thank you. Cook Harper Millard Saylor The SPEAKER pro tempore. The Chair thanks the Corbin Harris, A. Miller, B. Schemel gentleman and recognizes the gentleman, Mr. Mark Keller, on Corr Heffley Miller, D. Snyder the amendment. Costa, D. Helm Milne Sonney Cox Hickernell Moul Staats Mr. M. KELLER. Thank you, Mr. Speaker. Culver Hill Mullery Stephens The scope of the preemption under section 6120 of the Cutler Irvin Murt Tallman Uniform Firearms Act should be uniform regardless of the Day Jozwiak Mustio Tobash location of the municipality, as the Pennsylvania Supreme Court Deasy Kampf Nelson Toepel Delozier Kaufer Nesbit Toohil said in the Ortiz decision. I would encourage a "no" vote on this DeLuca Kauffman Neuman Topper amendment. Thank you. Diamond Kavulich O'Neill Walsh The SPEAKER pro tempore. The Chair thanks the DiGirolamo Keefer Oberlander Ward gentleman and recognizes the gentleman, Mr. Thomas, on his Dowling Keller, F. Ortitay Warner Dunbar Keller, M.K. Peifer Wentling amendment for the second time. Dush Klunk Petrarca Wheeland Mr. THOMAS. Thank you, Mr. Speaker. Ellis Knowles Petri White Mr. Speaker, I just want to make sure the record is clear. Emrick Kortz Pickett Zimmerman There are 1.6 million people in Philadelphia County, close to English Kulik Pyle Evankovich Lawrence Quigley Turzai, 1.6 million people in Philadelphia County. In the maker's Everett Lewis Quinn, C. Speaker county, there might only be 50,000 people. In another county, Farry Longietti Quinn, M. there might only be 40,000 people – Mr. Speaker, population and different circumstances in Philadelphia County. The nation NOT VOTING–0 has acknowledged that the third highest poverty in America is in Philadelphia County. The maker of this bill did not have that EXCUSED–12 challenge in his county, so we cannot have uniform policies Christiana Gergely Mako Simmons when we have different circumstances. Costa, P. Hennessey McNeill Taylor It is important that we look at the unique circumstances Fabrizio James Rabb Watson associated with our diverse communities that make up this great State. Mr. Speaker, exempt cities of the first class. Thank you. The SPEAKER pro tempore. The Chair thanks the Less than the majority having voted in the affirmative, the gentleman. question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the amendment? On the question recurring, Will the House agree to the bill on second consideration? The following roll call was recorded: Mr. THOMAS offered the following amendment YEAS–50 No. A00781:

Boyle Dean Kim Samuelson Amend Bill, page 3, line 6, by inserting a bracket before "(3)" Bradford DeLissio Kinsey Schlossberg Amend Bill, page 3, line 7, by inserting a bracket after "(2)." Briggs Dermody Kirkland Schweyer Brown, V. Donatucci Krueger Sims Bullock Driscoll Madden Solomon On the question, Caltagirone Evans McCarter Sturla Will the House agree to the amendment?

596 LEGISLATIVE JOURNAL—HOUSE APRIL 25

The SPEAKER pro tempore. On that question, the Chair Furthermore, after Act 13, regarding the natural gas recognizes the gentleman, Mr. Thomas. regulation, was decided, the Robinson Township case, that case Mr. THOMAS. Thank you, Mr. Speaker. clearly said that environmental associations had standing to Mr. Speaker, on this amendment, I do not rise as a lawmaker; challenge constitutionality of an act which set out a statutory I am rising on behalf of 12.6 million people in Pennsylvania, framework for regulation of the oil and gas operations on behalf minus 203 in the House. And, Mr. Speaker, the people are of its members. Individual members of associations "…are asking why should the National Rifle Association be granted Pennsylvania residents and/or owners of property and business legal standing to sue a municipality or one of our counties, interests in municipalities and zoning districts that either already because all this bill is about is empowering, empowering the host or are likely to host…" such activity. Deeper in the case, it National Rifle Association to have legal standing to move says, "Under Pennsylvania law, an association has standing as against our communities, if they take steps to make our representative of its members to bring a cause of action even in communities safe. the absence of injury to itself, if the association alleges that at Mr. Speaker, so on behalf of the people, we are asking, least one of its members is suffering immediate or threatened where does the National Rifle Association get that kind of juice injury as a result of the action challenged." in this House? Thank you. Mr. Speaker, this is a courtesy that we apply to other The SPEAKER pro tempore. The Chair thanks the organizations. I do not believe we should single out any single gentleman and recognizes the gentleman, Mr. Mark Keller, on organization and we should extend that same courtesy to all the amendment. organizations if we are going to allow any membership Mr. M. KELLER. Thank you, Mr. Speaker. organization to have standing in the law. Our law should be This is no different than that kind of a membership standing consistent, which is really the underlying cause of this entire used by labor unions under the Wage Payment and Collection bill, the fact that we have to have uniformity of our laws across Law to sue on behalf of their members, and it is no different the Commonwealth. than the kind of association standing used by environmental I would urge a "no" vote. Thank you. groups to sue for environmental protections. Lawful gun owners The SPEAKER pro tempore. The Chair thanks the are entitled to the same protection. gentleman. I would encourage a "no" vote. Thank you. The SPEAKER pro tempore. The Chair thanks the On the question recurring, gentleman and recognizes the gentleman, Mr. Thomas, for the Will the House agree to the amendment? second time on the amendment. Mr. THOMAS. Mr. Speaker, if I do not get one vote, I will The following roll call was recorded: not sit down and be silent on what is going on here this afternoon. YEAS–52 Mr. Speaker, there are court documents where the NRA has said that they have come and requested to become a Boyle Dean Keller, W. Roebuck Bradford DeLissio Kim Samuelson membership organization in this bill so that they can sue our Briggs Dermody Kinsey Schlossberg communities, our municipalities, and our counties. That is on Brown, V. Donatucci Kirkland Schweyer record. So we are not talking about Thomas ABC nonprofit. We Bullock Driscoll Krueger Sims are not talking about the sanctuary cities to save people. We are Caltagirone Evans Madden Solomon Cephas Fitzgerald McCarter Sturla not talking about Berean Presbyterian Church. We are talking Comitta Frankel McClinton Thomas about the National Rifle Association, N-R-A. Cruz Freeman Miller, D. Vazquez And then when you look at the carnage in my community, Daley Gainey Neilson Vitali sometimes I wonder whether there is an NRA or a national Davidson Galloway O'Brien Warren Davis Harkins Pashinski Wheatley ruthless association. Now, I know folks do not like that, but Dawkins Harris, J. Ravenstahl Youngblood when I look at the carnage in my community and across the Commonwealth— You get upset all you want. I really do not NAYS–139 give a— Mr. Speaker, vote "yes" on amendment 781. Baker Fee Mackenzie Rader Barbin Flynn Maher Rapp The SPEAKER pro tempore. The Chair thanks the Barrar Fritz Maloney Readshaw gentleman and recognizes the gentleman, Mr. Cutler, on the Benninghoff Gabler Markosek Reed amendment. Bernstine Gillen Marshall Reese Mr. CUTLER. Thank you, Mr. Speaker. Bizzarro Gillespie Marsico Roae Bloom Godshall Masser Roe Mr. Speaker, in regards to the issue surrounding the Boback Goodman Matzie Rothman gentleman's amendment regarding membership and Brown, R. Greiner McGinnis Rozzi organizations, I think it would be wise to look at other areas of Burns Grove Mehaffie Ryan the law where we provide similar rights. While the prime Carroll Haggerty Mentzer Saccone Causer Hahn Metcalfe Sainato sponsor of the bill offered some, I would like to read from other Charlton Hanna Metzgar Sankey sections of our law as well as some case law that I know that we Conklin Harper Miccarelli Santora are all familiar with. In terms of the civil remedies and penalties Cook Harris, A. Millard Saylor under the labor law, it says that "Any employee, group of Corbin Heffley Miller, B. Schemel Corr Helm Milne Snyder employees, labor or organization or party to whom any type of Costa, D. Hickernell Moul Sonney wages are payable may…" institute actions provided under this Cox Hill Mullery Staats act. Culver Irvin Murt Stephens 2017 LEGISLATIVE JOURNAL—HOUSE 597

Cutler Jozwiak Mustio Tallman Reasonable expenses should not be spelled out; Day Kampf Nelson Tobash municipalities should be slapped with untold expenses without Deasy Kaufer Nesbit Toepel Delozier Kauffman Neuman Toohil any specificity; cities of the first class, we only have one in the DeLuca Kavulich O'Neill Topper Commonwealth of Pennsylvania, one close to $1.6 million, Diamond Keefer Oberlander Walsh home of the NFL (National Football League) draft, home of the DiGirolamo Keller, F. Ortitay Ward Pope in 2015, the Democratic National Committee – all of that Dowling Keller, M.K. Peifer Warner Dunbar Klunk Petrarca Wentling in Philadelphia County and we do not believe that the unique Dush Knowles Petri Wheeland circumstances of Philadelphia County require exemption, that Ellis Kortz Pickett White this bill requires inclusion of Philadelphia County. Emrick Kulik Pyle Zimmerman And it is important that people know that I was told that this English Lawrence Quigley Evankovich Lewis Quinn, C. Turzai, should be rejected, that Philadelphia should not be exempted Everett Longietti Quinn, M. Speaker because of this need for uniformity. It was that uniformity Farry doctrine that led to the Pennsylvania uniform firearms law that took away from the city of Pittsburgh; York, Pennsylvania; NOT VOTING–0 Chester, Pennsylvania; Erie, Pennsylvania; Harrisburg; and

EXCUSED–12 Philadelphia County the ability to get a handle on illegal guns and the lawlessness associated with it. Christiana Gergely Mako Simmons Mr. Speaker, you ask any member from those counties, and Costa, P. Hennessey McNeill Taylor they will tell you this is not about the Second Amendment. Fabrizio James Rabb Watson Mr. Speaker, block captains, precinct captains, people of Pennsylvania, you need to know that this is not about the Second Amendment. This is about, as Dr. King used to say, Less than the majority having voted in the affirmative, the selfish madness over selfless care. This is about selfish interests. question was determined in the negative and the amendment It is not that which is important for the masses, because the was not agreed to. people that we are talking about that we need to get a handle on with respect to guns, 90 percent of them could not walk into a On the question recurring, store and buy a gun legally, and if they could get one, they Will the House agree to the bill on second consideration? could not get past the background check because of their age, and more often than not, their social circumstances. Mr. THOMAS offered the following amendment Mr. Speaker, this is not about the Second Amendment. No. A00785: And to the National Rifle Association, I say to you, you are entitled to defend the Second Amendment when it is under Amend Bill, page 2, line 1, by striking out all of said line and attack, but on this day, in this legislative body, the Second inserting (a.2) Relief.–[A] Amendment is not under attack. If anything is under attack, it is (1) Except as provided in paragraph (2), a person your selfish optics, where you believe that if we open this door, adversely affected by an ordinance, then the whole door is going to open. Well, I can tell you on Amend Bill, page 2, by inserting between lines 7 and 8 behalf of this Rep, I am not interested in disrupting the Second (2) Paragraph (1) does not apply to a challenge of a Amendment. I am interested in saving babies and human prohibition of the purchase of a firearm by a person who has beings. I stand for mankind, humankind. received mental health treatment on an inpatient or outpatient Mr. Speaker, I know, I know that if we let Philadelphia, basis. Harrisburg, Erie, Pittsburgh— There were cops that were killed in Pittsburgh, whose lives could have been saved if Pittsburgh On the question, City Council was allowed to do what they were doing— Will the House agree to the amendment?

The SPEAKER pro tempore. On that question, the THE SPEAKER (MIKE TURZAI) gentleman, Mr. Thomas, is recognized. PRESIDING Mr. THOMAS. Thank you, Mr. Speaker. Mr. Speaker, I believe that this is the last of my amendments, The SPEAKER. Sir, the good gentleman— and so I feel a little indifferent. All eight, or at least seven, Mr. THOMAS. Okay. Let me get back. amendments have been rejected by everybody over there and The SPEAKER. No; I apologize. It is just that on the some of them over here, and I just think that those people need amendment itself, which deals with the mental health issue— to know, they need to know that this is not one of those issues Mr. THOMAS. Thank you. Thank you, Mr. Speaker. where you can hide. You either are here or you are there. Like The SPEAKER. On the bill itself, you will be able to— my mama used to say, "Don't give me a whole lot of Mr. THOMAS. Okay. conversation. It is either right, wrong, left, or right. Either you Mr. Speaker, I came here ready to go to work today because are here or you are there." And so far tonight, those on this side I am tired of looking at the madness that is going on in my did not think municipalities needed 180 days' notice of filing a community. I cannot keep telling my people, "I care about what suit, they do not need 120 days, they do not need 90 days, they happens to you," and I sit here and allow this kind of stuff to go do not even need 60 days. without me going crazy.

598 LEGISLATIVE JOURNAL—HOUSE APRIL 25

But on amendment 785, this amendment would not allow the Cook Hanna Millard Snyder application of this policy in situations where there is mental Corbin Harper Miller, B. Sonney Corr Harris, A. Milne Staats illness associated with either inpatient or outpatient. And so, Costa, D. Heffley Moul Stephens Mr. Speaker, we are asking that in cases of mental illness, that Cox Helm Mullery Tallman the application of this bill becomes nonapplicable. Culver Hickernell Murt Tobash Thank you, Mr. Speaker. Cutler Hill Mustio Toepel Daley Irvin Nelson Toohil The SPEAKER. Thank you, sir. Day Jozwiak Nesbit Topper Representative Mark Keller, on the amendment, sir. Dean Kampf Neuman Walsh Mr. M. KELLER. Thank you, Mr. Speaker. Deasy Kaufer O'Neill Ward We are trying to make things uniform, and the amendment is Delozier Kauffman Oberlander Warner DeLuca Kavulich Ortitay Wentling already addressed with Federal and State law that provides the Diamond Keefer Peifer Wheeland information that is needed. I would encourage a "no" vote. DiGirolamo Keller, F. Petrarca White The SPEAKER. Representative Thomas, for the second time. Dowling Keller, M.K. Petri Zimmerman Mr. THOMAS. Thank you, Mr. Speaker. Dunbar Klunk Pickett Dush Knowles Pyle Turzai, Mr. Speaker, my office talked to the Pennsylvania State Ellis Kortz Quigley Speaker Police. There is still an effort under way to try and integrate our Emrick Krueger Quinn, C. background check system with the FBI and with the mental health community, but we have not solidified that yet. There is a NOT VOTING–0 lot of work to be done; especially, I mean, just take the situation where, in Montgomery County, Norristown has decided that all EXCUSED–12 of its civil and criminal patients that live in Butler County need Christiana Gergely Mako Simmons to go back to Butler County and cannot stay in Montgomery Costa, P. Hennessey McNeill Taylor County. Fabrizio James Rabb Watson So, Mr. Speaker, there is a lot of work to be done, and until we get that done, let us take the opportunity to set the record straight right here. Until we get it worked out, remove the Less than the majority having voted in the affirmative, the application of this bill to the issue of mental illness until we do question was determined in the negative and the amendment get the uniformity that you so desire. was not agreed to.

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on second consideration?

The following roll call was recorded: The SPEAKER. Representative Pyle has withdrawn amendment 786, and now Representative Frankel calls up YEAS–46 amendment 810. Mr. FRANKEL. Mr. Speaker? Boyle Driscoll Madden Schlossberg The SPEAKER. Yes, sir. Brown, V. Evans Matzie Schweyer Mr. FRANKEL. I will be withdrawing most of my Bullock Fitzgerald McCarter Sims Caltagirone Freeman McClinton Solomon amendments. Cephas Gainey Miller, D. Sturla The SPEAKER. Yes, sir. Cruz Galloway Neilson Thomas Mr. FRANKEL. I am just going to offer one of my Davidson Harkins O'Brien Vazquez amendments. Davis Harris, J. Pashinski Vitali Dawkins Keller, W. Ravenstahl Warren The SPEAKER. That is fine. Representative Frankel, which DeLissio Kim Roebuck Wheatley one do you wish to offer, sir? Dermody Kinsey Samuelson Youngblood Mr. FRANKEL. Amendment 00863. Donatucci Kirkland The SPEAKER. Okay. We will now call up amendment

NAYS–145 00863 that Representative Frankel has sponsored.

Baker English Kulik Quinn, M. On the question recurring, Barbin Evankovich Lawrence Rader Will the House agree to the bill on second consideration? Barrar Everett Lewis Rapp Benninghoff Farry Longietti Readshaw Bernstine Fee Mackenzie Reed Mr. FRANKEL offered the following amendment Bizzarro Flynn Maher Reese No. A00863: Bloom Frankel Maloney Roae Boback Fritz Markosek Roe Amend Bill, page 2, line 1, by striking out all of said line and Bradford Gabler Marshall Rothman inserting Briggs Gillen Marsico Rozzi Brown, R. Gillespie Masser Ryan (a.2) Relief.–[A] Burns Godshall McGinnis Saccone (1) Except as set forth in paragraph (2), a person Carroll Goodman Mehaffie Sainato adversely affected by an ordinance, Causer Greiner Mentzer Sankey Amend Bill, page 2, by inserting between lines 7 and 8 Charlton Grove Metcalfe Santora (2) Paragraph (1) does not apply to a challenge of a Comitta Haggerty Metzgar Saylor prohibition which is: Conklin Hahn Miccarelli Schemel (i) endorsed by a majority vote of a collective 2017 LEGISLATIVE JOURNAL—HOUSE 599

bargaining agency representing the police in the Bernstine Gillen Marshall Reese municipality; Bizzarro Gillespie Marsico Roae (ii) necessary to enhance public safety; or Bloom Godshall Masser Roe (iii) necessary to combat domestic acts of Boback Goodman Matzie Rothman Brown, R. Greiner McGinnis Rozzi terrorism. Burns Grove Mehaffie Ryan Carroll Haggerty Mentzer Saccone On the question, Causer Hahn Metcalfe Sainato Will the House agree to the amendment? Charlton Hanna Metzgar Sankey Conklin Harper Miccarelli Santora Cook Harris, A. Millard Saylor The SPEAKER. On the amendment, Representative Frankel. Corbin Heffley Miller, B. Schemel Mr. FRANKEL. Thank you, Mr. Speaker. Corr Helm Milne Snyder You know, when we are discussing the issue of uniformity Costa, D. Hickernell Moul Sonney Cox Hill Mullery Staats across Pennsylvania, there is certainly not uniformity with Culver Irvin Murt Stephens respect to the risks that we have in different communities across Cutler Jozwiak Mustio Tallman our State. Certainly there is not uniformity between rural and Day Kampf Nelson Tobash suburban and urban areas in terms of the risks of domestic Deasy Kaufer Nesbit Toepel Delozier Kauffman Neuman Toohil terrorism and public safety issues, and this amendment seeks to DeLuca Kavulich O'Neill Topper give some flexibility to local governments to deal with those Diamond Keefer Oberlander Walsh exposures. DiGirolamo Keller, F. Ortitay Ward This amendment exempts a local ordinance from a challenge Dowling Keller, M.K. Peifer Warner Dunbar Klunk Petrarca Wentling under the provisions of HB 671 if the ordinance meets any of Dush Knowles Petri Wheeland these three criteria: one, it is endorsed by a majority of a Ellis Kortz Pickett White collective-bargaining agency representing police in the Emrick Kulik Pyle Zimmerman municipality; two, it is necessary to enhance public safety; or English Lawrence Quigley Evankovich Lewis Quinn, C. Turzai, three, it is necessary to combat domestic acts of terrorism. Everett Longietti Quinn, M. Speaker I believe that a municipality should have protection when Farry passing ordinances that will keep our communities safe, especially when those ordinances are supported by police or NOT VOTING–0 aimed at combatting domestic terrorism. I ask for your support for this amendment. Thank you. EXCUSED–12

The SPEAKER. Thank you, sir. Christiana Gergely Mako Simmons Representative Mark Keller, on the amendment. Costa, P. Hennessey McNeill Taylor Mr. M. KELLER. Thank you, Mr. Speaker. Fabrizio James Rabb Watson The scope of preemption under section 6120 of the Uniform Firearms Act should be uniform, as I said in the past. Moreover, it is unclear what "enhance public safety" or Less than the majority having voted in the affirmative, the "domestic acts of terrorism" even mean. question was determined in the negative and the amendment I would encourage a "no" vote. Thank you, Mr. Speaker. was not agreed to.

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on second consideration?

The following roll call was recorded: The SPEAKER. It is my understanding that amendments 810, 865, 868, and 871 have been withdrawn. YEAS–52 On the question recurring, Boyle Dean Keller, W. Roebuck Will the House agree to the bill on second consideration? Bradford DeLissio Kim Samuelson Briggs Dermody Kinsey Schlossberg Brown, V. Donatucci Kirkland Schweyer Ms. DALEY offered the following amendment No. A00811: Bullock Driscoll Krueger Sims Caltagirone Evans Madden Solomon Amend Bill, page 2, line 1, by striking out all of said line and Cephas Fitzgerald McCarter Sturla inserting Comitta Frankel McClinton Thomas (a.2) Relief.–[A] Cruz Freeman Miller, D. Vazquez Daley Gainey Neilson Vitali (1) Except as set forth in paragraph (2), a person Davidson Galloway O'Brien Warren adversely affected by an ordinance, Davis Harkins Pashinski Wheatley Amend Bill, page 2, by inserting between lines 7 and 8 Dawkins Harris, J. Ravenstahl Youngblood (2) Paragraph (1) does not apply to a challenge of a prohibition of the use of force upon or toward the person of NAYS–139 another with a firearm if the actor either: (i) knows that the actor can avoid the necessity Baker Fee Mackenzie Rader of using the force with complete safety by retreating; or Barbin Flynn Maher Rapp (ii) the actor was instructed by a peace officer or Barrar Fritz Maloney Readshaw public safety dispatcher to not pursue another person. Benninghoff Gabler Markosek Reed 600 LEGISLATIVE JOURNAL—HOUSE APRIL 25

On the question, Deasy Kampf Neuman Toepel Will the House agree to the amendment? Delozier Kaufer O'Neill Toohil DeLuca Kauffman Oberlander Topper Diamond Kavulich Ortitay Walsh The SPEAKER. Representative Daley, on the amendment. DiGirolamo Keefer Peifer Ward Ms. DALEY. Thank you, Mr. Speaker. Dowling Keller, F. Petrarca Warner I rise to offer amendment A00811. This amendment would Dunbar Keller, M.K. Petri Wentling Dush Klunk Pickett Wheeland exempt local ordinances that prohibit the use of force if there is Ellis Knowles Pyle White an opportunity for retreat or if the person was told that they Emrick Kortz Quigley Zimmerman were not to pursue. English Kulik Quinn, C. I am offering this amendment because I believe that Evankovich Lawrence Quinn, M. Turzai, Everett Lewis Rader Speaker de-escalation is always the safest way to end a hostile situation, Farry Longietti and by exempting ordinances that require their residents to take the nonviolent approach will result in fewer shootings and less NOT VOTING–0 tragedy. So I ask my colleagues to support this amendment. EXCUSED–12 Thank you, Mr. Speaker. Christiana Gergely Mako Simmons The SPEAKER. Representative Keller, on the amendment, Costa, P. Hennessey McNeill Taylor sir. Fabrizio James Rabb Watson Mr. M. KELLER. Thank you, Mr. Speaker. Mr. Speaker, State law already provides clear guidance under the self-defense law and the Castle Doctrine for when citizens Less than the majority having voted in the affirmative, the have a duty to retreat. question was determined in the negative and the amendment I would encourage a "no" vote. Thank you, Mr. Speaker. was not agreed to.

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on second consideration?

The following roll call was recorded: Mr. McCARTER offered the following amendment No. A00812: YEAS–51 Amend Bill, page 2, line 1, by striking out all of said line and Boyle Dean Kim Samuelson inserting Bradford DeLissio Kinsey Schlossberg (a.2) Relief.–[A] Briggs Dermody Kirkland Schweyer (1) Except as set forth in paragraph (2), a person Brown, V. Donatucci Krueger Sims Bullock Driscoll Madden Solomon adversely affected by an ordinance, Caltagirone Evans Markosek Sturla Amend Bill, page 2, by inserting between lines 7 and 8 Cephas Fitzgerald McCarter Thomas (2) Paragraph (1) does not apply to a challenge of a Comitta Frankel McClinton Vazquez prohibition of the possession of a firearm by an individual Cruz Freeman Miller, D. Vitali convicted of an offense under section 2706 (relating to terroristic Daley Gainey Neilson Warren threats) or 2715 (relating to threat to use weapons of mass Davidson Galloway O'Brien Wheatley destruction). Davis Harris, J. Pashinski Youngblood Dawkins Keller, W. Roebuck On the question, NAYS–140 Will the House agree to the amendment?

Baker Fee Mackenzie Rapp The SPEAKER. On the amendment, Representative Barbin Flynn Maher Ravenstahl Barrar Fritz Maloney Readshaw McCarter is recognized. Benninghoff Gabler Marshall Reed Mr. McCARTER. Thank you very much, Mr. Speaker. Bernstine Gillen Marsico Reese I rise to offer amendment A00812, a commonsense Bizzarro Gillespie Masser Roae amendment that would exempt ordinances that add terroristic Bloom Godshall Matzie Roe Boback Goodman McGinnis Rothman threats and threats to use weapons of mass destruction as Brown, R. Greiner Mehaffie Rozzi disqualifying offenses for firearm ownership. Serious threats Burns Grove Mentzer Ryan such as these are indicators of people who wish to commit acts Carroll Haggerty Metcalfe Saccone of violence. It is common sense to allow townships to pass Causer Hahn Metzgar Sainato Charlton Hanna Miccarelli Sankey ordinances that protect their residents from those who make Conklin Harkins Millard Santora verbal intentions of physical violence known. This violence can Cook Harper Miller, B. Saylor turn deadly, potentially on a large scale when there is a firearm Corbin Harris, A. Milne Schemel involved. Corr Heffley Moul Snyder Costa, D. Helm Mullery Sonney I ask my colleagues to support this commonsense Cox Hickernell Murt Staats amendment. Culver Hill Mustio Stephens The SPEAKER. Representative Mark Keller. Cutler Irvin Nelson Tallman Day Jozwiak Nesbit Tobash 2017 LEGISLATIVE JOURNAL—HOUSE 601

Mr. M. KELLER. Thank you, Mr. Speaker. Culver Hill Murt Stephens I just want to state that we are trying to be uniform with this Cutler Irvin Mustio Tallman Day Jozwiak Nelson Tobash piece of legislation. Moreover, Federal and State law already Deasy Kampf Nesbit Toepel provides who is prohibited from possessing a firearm due to Delozier Kaufer Neuman Toohil criminal convictions. DeLuca Kauffman O'Neill Topper Thank you, Mr. Speaker. Diamond Kavulich Oberlander Walsh DiGirolamo Keefer Ortitay Ward The SPEAKER. Representative McCarter. Dowling Keller, F. Peifer Warner Mr. McCARTER. Thank you, Mr. Speaker. Dunbar Keller, M.K. Petrarca Wentling Would the maker of the motion please stand for Dush Klunk Petri Wheeland interrogation? Ellis Knowles Pickett White Emrick Kortz Pyle Zimmerman The SPEAKER. Sir, it is on the amendment, though. If you English Kulik Quigley want to interrogate on the bill, you would be able to do that on Evankovich Lawrence Quinn, C. Turzai, third. Everett Lewis Quinn, M. Speaker Mr. McCARTER. Okay. Farry

The SPEAKER. It is your amendment. NOT VOTING–1 Mr. McCARTER. All right. On second then, Mr. Speaker. Thomas The SPEAKER. You may speak. Mr. McCARTER. Thank you. EXCUSED–12 Mr. Speaker, I am not aware, unfortunately, of any laws that Christiana Gergely Mako Simmons actually prohibit, however, once someone has served a sentence Costa, P. Hennessey McNeill Taylor for those crimes that would prohibit them from having the Fabrizio James Rabb Watson opportunity from purchasing a weapon in Pennsylvania. And that being the case, I think that this is a very commonsense measure that we should in fact include in this particular bill. Less than the majority having voted in the affirmative, the Thank you. question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the amendment? On the question recurring, Will the House agree to the bill on second consideration? The following roll call was recorded: The SPEAKER. For what does the gentleman, YEAS–51 Representative Thomas, rise? Mr. THOMAS. You know, I helped him out now because Boyle Dean Kim Roebuck I was raising questions before we took the vote. Bradford DeLissio Kinsey Samuelson Briggs Dermody Kirkland Schlossberg And, Mr. Speaker, maybe you can clarify this. Brown, V. Donatucci Krueger Schweyer To the best of my knowledge, there are no exception Bullock Driscoll Madden Sims principles contained in the Pennsylvania uniform firearms law. Caltagirone Evans Markosek Solomon Is that correct or not? Cephas Fitzgerald McCarter Sturla Comitta Frankel McClinton Vazquez The SPEAKER. Sir, it is not a parliamentary inquiry, but Cruz Freeman Miller, D. Vitali what I can do is, if one of the staff members with respect to this Daley Gainey Neilson Warren issue could see the good gentleman. Davidson Galloway O'Brien Wheatley Davis Harris, J. Pashinski Youngblood Dawkins Keller, W. Ravenstahl On the question recurring, Will the House agree to the bill on second consideration? NAYS–139 Ms. McCLINTON offered the following amendment Baker Fee Longietti Rader No. A00813: Barbin Flynn Mackenzie Rapp Barrar Fritz Maher Readshaw Benninghoff Gabler Maloney Reed Amend Bill, page 2, line 7, by inserting after "court." Bernstine Gillen Marshall Reese This subsection shall not apply to school districts. Bizzarro Gillespie Marsico Roae Bloom Godshall Masser Roe On the question, Boback Goodman Matzie Rothman Brown, R. Greiner McGinnis Rozzi Will the House agree to the amendment? Burns Grove Mehaffie Ryan Carroll Haggerty Mentzer Saccone The SPEAKER. Representative McClinton, the floor is yours Causer Hahn Metcalfe Sainato for remarks on amendment 813. Charlton Hanna Metzgar Sankey Conklin Harkins Miccarelli Santora Ms. McCLINTON. Thank you, Mr. Speaker. Cook Harper Millard Saylor I rise to offer amendment A00813. This is a commonsense Corbin Harris, A. Miller, B. Schemel amendment to this bill. It would exempt school districts from Corr Heffley Milne Snyder general application of the language in this bill. School districts Costa, D. Helm Moul Sonney Cox Hickernell Mullery Staats should and need to have the freedom to decide how to best 602 LEGISLATIVE JOURNAL—HOUSE APRIL 25 protect all of our children and our educators who would be NOT VOTING–0 affected. I am asking all of my colleagues to support this amendment. EXCUSED–12 Thank you, Mr. Speaker. Christiana Gergely Mako Simmons The SPEAKER. Thank you, Representative. Costa, P. Hennessey McNeill Taylor Representative Mark Keller, on the amendment, sir. Fabrizio James Rabb Watson Mr. M. KELLER. Thank you, Mr. Speaker. The bill already does not apply to school districts, so this amendment is unnecessary. The term "municipality," which is Less than the majority having voted in the affirmative, the used in the bill, is defined in a way that it does not include any question was determined in the negative and the amendment school district within the Commonwealth. was not agreed to. Thank you. I would encourage a "no" vote. Thank you. On the question recurring, On the question recurring, Will the House agree to the bill on second consideration? Will the House agree to the amendment? Mr. O'BRIEN offered the following amendment The following roll call was recorded: No. A00815:

YEAS–52 Amend Bill, page 2, line 1, by striking out all of said line and inserting Boyle Dean Keller, W. Roebuck (a.2) Relief.–[A] Bradford DeLissio Kim Samuelson (1) Except as set forth in paragraph (2), a person Briggs Dermody Kinsey Schlossberg adversely affected by an ordinance, Brown, V. Donatucci Kirkland Schweyer Amend Bill, page 2, by inserting between lines 7 and 8 Bullock Driscoll Krueger Sims Caltagirone Evans Madden Solomon (2) Paragraph (1) does not apply to a challenge of a Cephas Fitzgerald McCarter Sturla requirement that, if reasonable efforts of law enforcement fail to Comitta Frankel McClinton Thomas identify the lawful owner of a confiscated or recovered firearm Cruz Freeman Miller, D. Vazquez within 120 days after law enforcement comes into possession of Daley Gainey Neilson Vitali the firearm or if the lawful owner of the firearm is identified but Davidson Galloway O'Brien Warren otherwise prohibited from possessing the firearm: Davis Harkins Pashinski Wheatley (i) law enforcement shall destroy the firearm Dawkins Harris, J. Ravenstahl Youngblood immediately; or

(ii) if the firearm is evidence in an ongoing NAYS–139 investigation or in a criminal prosecution or civil

Baker Fee Mackenzie Rader litigation, law enforcement shall destroy the firearm Barbin Flynn Maher Rapp when: Barrar Fritz Maloney Readshaw (A) the investigation is complete; or Benninghoff Gabler Markosek Reed (B) a court of competent jurisdiction Bernstine Gillen Marshall Reese issues an order authorizing the destruction of the Bizzarro Gillespie Marsico Roae firearm. Bloom Godshall Masser Roe Boback Goodman Matzie Rothman Brown, R. Greiner McGinnis Rozzi On the question, Burns Grove Mehaffie Ryan Will the House agree to the amendment? Carroll Haggerty Mentzer Saccone Causer Hahn Metcalfe Sainato The SPEAKER. On the amendment, Representative O'Brien. Charlton Hanna Metzgar Sankey Conklin Harper Miccarelli Santora Mr. O'BRIEN. Thank you, Mr. Speaker. Cook Harris, A. Millard Saylor Mr. Speaker, this amendment is not about Black Hawk Corbin Heffley Miller, B. Schemel helicopters descending in the middle of the night and taking Corr Helm Milne Snyder your guns. This is simply a housekeeping amendment. Costa, D. Hickernell Moul Sonney Cox Hill Mullery Staats The question becomes, if the police have confiscated Culver Irvin Murt Stephens weapons, what do they do with them? After making every Cutler Jozwiak Mustio Tallman attempt over the course of 120 days to find the rightful owner of Day Kampf Nelson Tobash it, they have the right to destroy the weapons, unless it is being Deasy Kaufer Nesbit Toepel Delozier Kauffman Neuman Toohil used in a criminal prosecution and if the court deems otherwise. DeLuca Kavulich O'Neill Topper So it is simply a housekeeping bill, and I would ask for an Diamond Keefer Oberlander Walsh affirmative vote. DiGirolamo Keller, F. Ortitay Ward The SPEAKER. Representative Mark Keller, on the Dowling Keller, M.K. Peifer Warner Dunbar Klunk Petrarca Wentling amendment, please. Dush Knowles Petri Wheeland Mr. M. KELLER. Thank you, Mr. Speaker. Ellis Kortz Pickett White Under the Uniform Firearms Act, what we are trying to do is Emrick Kulik Pyle Zimmerman be uniform throughout regardless of the intent of the specific English Lawrence Quigley Evankovich Lewis Quinn, C. Turzai, regulation. Everett Longietti Quinn, M. Speaker I would encourage a "no" vote. Thank you. Farry 2017 LEGISLATIVE JOURNAL—HOUSE 603

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on second consideration?

The following roll call was recorded: Ms. DONATUCCI offered the following amendment No. A00816: YEAS–58 Amend Bill, page 1, line 8, by inserting after "amended" Boyle Dean Kim Ravenstahl and the section is amended by adding a subsection Bradford Deasy Kinsey Roebuck Amend Bill, page 2, line 1, by inserting a bracket before "A" Briggs DeLissio Kirkland Samuelson Amend Bill, page 2, line 1, by inserting after "Relief.–A" Brown, V. Dermody Krueger Schlossberg Bullock Donatucci Kulik Schweyer ] Except as set forth in subsection (a.4), a Caltagirone Driscoll Madden Sims Amend Bill, page 2, line 8, by striking out "If" and inserting Carroll Evans Markosek Solomon Except as set forth in subsection (a.4), if Cephas Fitzgerald Matzie Sturla Amend Bill, page 2, by inserting between lines 19 and 20 Comitta Frankel McCarter Thomas (a.4) Nonapplicability.–Subsections (a.2) and (a.3) shall not Costa, D. Freeman McClinton Vazquez apply to a city of the first class or a municipality within a county which Cruz Gainey Miller, D. Vitali borders a city of the first class. Daley Galloway Neilson Warren Davidson Harris, J. O'Brien Wheatley Davis Kavulich Pashinski Youngblood On the question, Dawkins Keller, W. Will the House agree to the amendment?

NAYS–133 The SPEAKER. Representative Donatucci, the floor is yours.

Baker Flynn Maher Readshaw Ms. DONATUCCI. Thank you, Mr. Speaker. Barbin Fritz Maloney Reed I rise to offer amendment A00816. This amendment exempts Barrar Gabler Marshall Reese from the bill a city of the first class and municipalities in any Benninghoff Gillen Marsico Roae county bordering a city of the first class. Not only will this Bernstine Gillespie Masser Roe Bizzarro Godshall McGinnis Rothman amendment allow Philadelphia to enact firearm regulations that Bloom Goodman Mehaffie Rozzi make sense for their residents and their circumstances, but it Boback Greiner Mentzer Ryan will also safeguard residents of surrounding counties and reduce Brown, R. Grove Metcalfe Saccone the chances that gun violence occurring in those counties will Burns Haggerty Metzgar Sainato Causer Hahn Miccarelli Sankey affect Philadelphia. Charlton Hanna Millard Santora I ask my colleagues for their support of this amendment. Conklin Harkins Miller, B. Saylor Thank you, Mr. Speaker. Cook Harper Milne Schemel The SPEAKER. Representative Mark Keller, on the Corbin Harris, A. Moul Snyder Corr Heffley Mullery Sonney amendment, please. Cox Helm Murt Staats Mr. M. KELLER. Thank you, Mr. Speaker. Culver Hickernell Mustio Stephens As was stated earlier, the scope of preemption under section Cutler Hill Nelson Tallman 6120 of the Uniform Firearms Act should be uniform regardless Day Irvin Nesbit Tobash Delozier Jozwiak Neuman Toepel of the location of the municipality. This was already brought DeLuca Kampf O'Neill Toohil down in the Pennsylvania Supreme Court in the Ortiz decision. Diamond Kaufer Oberlander Topper I would encourage a "no" vote. Thank you. DiGirolamo Kauffman Ortitay Walsh Dowling Keefer Peifer Ward Dunbar Keller, F. Petrarca Warner On the question recurring, Dush Keller, M.K. Petri Wentling Will the House agree to the amendment? Ellis Klunk Pickett Wheeland Emrick Knowles Pyle White The following roll call was recorded: English Kortz Quigley Zimmerman Evankovich Lawrence Quinn, C. Everett Lewis Quinn, M. Turzai, YEAS–51 Farry Longietti Rader Speaker Fee Mackenzie Rapp Boyle Dean Kim Samuelson Bradford DeLissio Kinsey Schlossberg NOT VOTING–0 Briggs Dermody Kirkland Schweyer Brown, V. Donatucci Krueger Sims Bullock Driscoll Madden Solomon EXCUSED–12 Caltagirone Evans McCarter Sturla Cephas Fitzgerald McClinton Thomas Christiana Gergely Mako Simmons Comitta Frankel Miller, D. Vazquez Costa, P. Hennessey McNeill Taylor Cruz Freeman Neilson Vitali Fabrizio James Rabb Watson Daley Gainey O'Brien Warren Davidson Galloway Pashinski Wheatley Davis Harris, J. Ravenstahl Youngblood Less than the majority having voted in the affirmative, the Dawkins Keller, W. Roebuck question was determined in the negative and the amendment was not agreed to.

604 LEGISLATIVE JOURNAL—HOUSE APRIL 25

NAYS–140 Mrs. DEAN offered the following amendment No. A00834:

Baker Fee Mackenzie Rader Amend Bill, page 2, by inserting between lines 22 and 23 Barbin Flynn Maher Rapp "Adversely affected." The denial of liberty or property. Barrar Fritz Maloney Readshaw Benninghoff Gabler Markosek Reed Bernstine Gillen Marshall Reese On the question, Bizzarro Gillespie Marsico Roae Will the House agree to the amendment? Bloom Godshall Masser Roe Boback Goodman Matzie Rothman Brown, R. Greiner McGinnis Rozzi The SPEAKER. On the amendment, the Chair recognizes Burns Grove Mehaffie Ryan Representative Dean. Carroll Haggerty Mentzer Saccone Mrs. DEAN. Thank you, Mr. Speaker. Causer Hahn Metcalfe Sainato This is a very small commonsense amendment. I think it also Charlton Hanna Metzgar Sankey Conklin Harkins Miccarelli Santora reflects common law. And all this does is add a single Cook Harper Millard Saylor definition, and I will read you the definition. It adds this line to Corbin Harris, A. Miller, B. Schemel the set of definitions within this bill: " 'Adversely affected.' The Corr Heffley Milne Snyder denial of liberty or property." Costa, D. Helm Moul Sonney Cox Hickernell Mullery Staats As you read this bill, you are going to notice that there is no Culver Hill Murt Stephens requirement for an injury or for harm in order to sue. That goes Cutler Irvin Mustio Tallman against, really, common law and our understanding of plaintiffs' Day Jozwiak Nelson Tobash rights to sue. There ought to be some showing of harm. So all Deasy Kampf Nesbit Toepel Delozier Kaufer Neuman Toohil we did here was do what I think the bill intended, which was to DeLuca Kauffman O'Neill Topper say that if you are denied your liberty or your property, then you Diamond Kavulich Oberlander Walsh may have a cause of action. If you have got no harm, no cause DiGirolamo Keefer Ortitay Ward of action. Dowling Keller, F. Peifer Warner Dunbar Keller, M.K. Petrarca Wentling I ask for a "yes" vote. Thank you. Dush Klunk Petri Wheeland The SPEAKER. Representative Mark Keller, on the Ellis Knowles Pickett White amendment, please. Emrick Kortz Pyle Zimmerman Mr. M. KELLER. Thank you, Mr. Speaker. English Kulik Quigley Evankovich Lawrence Quinn, C. Turzai, The amendment creates two definitions for the same word, Everett Lewis Quinn, M. Speaker so this does not make sense at all. I would encourage a "no" Farry Longietti vote. The SPEAKER. Representative Dean, for the second time. NOT VOTING–0 Mrs. DEAN. I respectfully disagree with that explanation. If

EXCUSED–12 you take a look at page 2, line 30, one definition that is built into this bill is, quote, "'Person adversely affected.' Any of the Christiana Gergely Mako Simmons following:" There are three categories, as we well know. One is, Costa, P. Hennessey McNeill Taylor "A resident of this Commonwealth who may legally possess a Fabrizio James Rabb Watson firearm under Federal and State law." So that is anybody anywhere in the Commonwealth, no harm necessary. So long as they are legally able to possess a firearm, they can sue. That is a Less than the majority having voted in the affirmative, the person adversely affected. Notice there is no adversity in there. question was determined in the negative and the amendment Number two, "A person who otherwise has standing under was not agreed to. the laws of this Commonwealth...." That is probably somebody adversely affected. On the question recurring, Number three is "A membership organization, in which a Will the House agree to the bill on second consideration? member is a person described..." in one or two. So this is no longer a person. It is an organization. Again, no use of adversity The SPEAKER. Representative Rabb has withdrawn or harm. amendment 817. So this is not duplicating. It is not inconsequential. In fact, Representative Perry Warren offers amendment 824. what it does is actually add what is adverse affect. Representative Warren. Thank you. I ask for a "yes" vote. Mr. WARREN. Thank you, Mr. Speaker. The SPEAKER. Representative Curtis Thomas, on the I respectfully withdraw amendment 824. amendment. The SPEAKER. Thank you, sir. Mr. THOMAS. Thank you, Mr. Speaker. It is my understanding that amendments 826 and 828 have Mr. Speaker, I rise to support the amendment. All the been withdrawn by Representative Briggs, and Representative amendment does is it requires something more than speculation Cruz has withdrawn amendments 830 and 832. about harm. Within the bill, harm is speculative at best. The gentlelady from Montgomery County provides clarity to what is On the question recurring, tantamount to harm or damage within the framework of this bill. Will the House agree to the bill on second consideration? And unless we are just bent on we do not care if Jesus shows up, we are still going to vote "no," and I do not think that is the case. 2017 LEGISLATIVE JOURNAL—HOUSE 605

So I ask for a "yes" vote on the gentlelady from Montgomery Less than the majority having voted in the affirmative, the County. question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the amendment? On the question recurring, Will the House agree to the bill on second consideration? The following roll call was recorded: Ms. KIM offered the following amendment No. A00846: YEAS–53 Amend Bill, page 1, line 8, by inserting after "amended" Boyle Dean Kim Roebuck and the section is amended by adding a subsection Bradford DeLissio Kinsey Samuelson Amend Bill, page 2, by inserting between lines 19 and 20 Briggs Dermody Kirkland Schlossberg (a.4) Applicability.–The provisions of subsections (a.2) and (a.3) Brown, V. Donatucci Krueger Schweyer Bullock Driscoll Madden Sims shall not apply to a municipality within a county of the third class. Burns Evans Markosek Solomon Caltagirone Fitzgerald McCarter Sturla On the question, Cephas Frankel McClinton Thomas Will the House agree to the amendment? Comitta Freeman Miller, D. Vazquez Cruz Gainey Neilson Vitali Daley Galloway O'Brien Warren The SPEAKER. Representative Kim is recognized on the Davidson Harris, J. Pashinski Wheatley amendment. Davis Keller, W. Ravenstahl Youngblood Ms. KIM. Thank you, Mr. Speaker. Dawkins This amendment states that the provisions of the underlying NAYS–138 bill shall not apply to a municipality in a third-class county. Now, this amendment provides that groups have no standing Baker Fee Longietti Rader to bring suit against reasonable safety ordinances passed in Barbin Flynn Mackenzie Rapp places like Harrisburg, Chester, Carlisle, Erie, Lancaster, Barrar Fritz Maher Readshaw Benninghoff Gabler Maloney Reed Allentown, Bethlehem, and York. Bernstine Gillen Marshall Reese In the absence of commonsense gun safety reform at the Bizzarro Gillespie Marsico Roae State level, our municipalities are forced to take action on their Bloom Godshall Masser Roe own. In the city I represent, Harrisburg, the locals have passed Boback Goodman Matzie Rothman Brown, R. Greiner McGinnis Rozzi three simple ordinances in order to keep our communities and Carroll Grove Mehaffie Ryan our children safe. The first ordinance prohibits discharging a Causer Haggerty Mentzer Saccone weapon within the city limits except in cases of self-defense. Charlton Hahn Metcalfe Sainato The second ordinance prohibits carrying a firearm in a city park Conklin Hanna Metzgar Sankey Cook Harkins Miccarelli Santora or playground, selling firearms during a declared State of Corbin Harper Millard Saylor emergency, or a child possessing a weapon in public. And the Corr Harris, A. Miller, B. Schemel third ordinance requires a gun owner to report a lost or stolen Costa, D. Heffley Milne Snyder gun. Cox Helm Moul Sonney Culver Hickernell Mullery Staats Harrisburg's ordinances are only in place to attempt to Cutler Hill Murt Stephens combat the gun violence that has plagued our city and many like Day Irvin Mustio Tallman it across Pennsylvania. When the language in this bill was first Deasy Jozwiak Nelson Tobash adopted as Act 192 in 2014, almost immediately the city of Delozier Kampf Nesbit Toepel DeLuca Kaufer Neuman Toohil Harrisburg was sued because it refused to repeal the ordinances. Diamond Kauffman O'Neill Topper The law was ruled unconstitutional, so the city essentially won. DiGirolamo Kavulich Oberlander Walsh However, when the city won, it lost. It lost because $113,000 in Dowling Keefer Ortitay Ward taxpayer dollars were spent fighting in court. Dunbar Keller, F. Peifer Warner Dush Keller, M.K. Petrarca Wentling This amendment will ensure that other municipalities in Ellis Klunk Petri Wheeland counties of the third class can do the same without fear of Emrick Knowles Pickett White crippling lawsuits from the likes of outside groups. English Kortz Pyle Zimmerman Thank you, Mr. Speaker. Evankovich Kulik Quigley Everett Lawrence Quinn, C. Turzai, The SPEAKER. Thank you, Representative Kim. Farry Lewis Quinn, M. Speaker Representative Mark Keller, on the amendment. Mr. M. KELLER. Thank you, Mr. Speaker. NOT VOTING–0 As I have said in the past, we are trying to be uniform here, and to exempt will actually not make it uniform. I would EXCUSED–12 encourage a "no" vote.

Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor On the question recurring, Fabrizio James Rabb Watson Will the House agree to the amendment?

606 LEGISLATIVE JOURNAL—HOUSE APRIL 25

The following roll call was recorded: Mr. KINSEY offered the following amendment No. A00848: YEAS–50 Amend Bill, page 2, line 1, by striking out all of said line and Boyle Dean Kim Samuelson inserting Bradford DeLissio Kinsey Schlossberg (a.2) Relief.–[A] Briggs Dermody Krueger Schweyer (1) Except as provided in paragraph (2), a person Brown, V. Donatucci Madden Sims Bullock Driscoll McCarter Solomon adversely affected by an ordinance, Caltagirone Evans McClinton Sturla Amend Bill, page 2, by inserting between lines 7 and 8 Cephas Fitzgerald Miller, D. Thomas (2) Paragraph (1) does not apply to a challenge of a Comitta Frankel Neilson Vazquez requirement that an owner or other person lawfully in possession Cruz Freeman O'Brien Vitali of a firearm report the loss or theft of the firearm to the Daley Gainey Pashinski Warren municipal police of the jurisdiction in which the loss or theft is Davidson Galloway Ravenstahl Wheatley believed to have occurred or to the Pennsylvania State Police, to Davis Harris, J. Roebuck Youngblood be relieved from liability if the firearm is used in the commission Dawkins Keller, W. of a crime that results in bodily injury or serious bodily injury to NAYS–141 another individual or in the death of another individual.

Baker Fee Longietti Rader On the question, Barbin Flynn Mackenzie Rapp Will the House agree to the amendment? Barrar Fritz Maher Readshaw Benninghoff Gabler Maloney Reed Bernstine Gillen Markosek Reese The SPEAKER. Representative Kinsey, the floor is yours, Bizzarro Gillespie Marshall Roae sir. Bloom Godshall Marsico Roe Please suspend just for a second, and I do apologize. I should Boback Goodman Masser Rothman have done this for Representative Kim, but she was already Brown, R. Greiner Matzie Rozzi Burns Grove McGinnis Ryan mid-remarks. Carroll Haggerty Mehaffie Saccone Members, if you could, please, take your seats. Members, Causer Hahn Mentzer Sainato please take your seats. We have a number, quite a few Charlton Hanna Metcalfe Sankey amendments before us, but I would ask everybody to please Conklin Harkins Metzgar Santora Cook Harper Miccarelli Saylor take their seats. Any conversations, I would ask if you could Corbin Harris, A. Millard Schemel please take them off the House floor. Corr Heffley Miller, B. Snyder And Representative Kinsey, the floor is yours. Costa, D. Helm Milne Sonney Mr. KINSEY. Thank you, Mr. Speaker. Cox Hickernell Moul Staats Culver Hill Mullery Stephens Amendment A00848 will be helpful to all of the citizens Cutler Irvin Murt Tallman throughout the Commonwealth, Mr. Speaker. This amendment Day Jozwiak Mustio Tobash exempts from the bill an ordinance that requires a firearm owner Deasy Kampf Nelson Toepel to report a lost or stolen firearm to law enforcement in order to Delozier Kaufer Nesbit Toohil DeLuca Kauffman Neuman Topper avoid liability if the firearm was used in the commission. Diamond Kavulich O'Neill Walsh In addition, this amendment requires gun owners to report DiGirolamo Keefer Oberlander Ward the loss or theft of a firearm as a commonsense measure that not Dowling Keller, F. Ortitay Warner only protects the citizens from gun crimes but also protects Dunbar Keller, M.K. Peifer Wentling Dush Kirkland Petrarca Wheeland lawful gun owners. This amendment helps lawful gun owners Ellis Klunk Petri White avoid liability if a bad actor finds or steals their gun and intends Emrick Knowles Pickett Zimmerman to use it for a criminal purpose. English Kortz Pyle I ask my colleagues to support this amendment. Evankovich Kulik Quigley Turzai, Everett Lawrence Quinn, C. Speaker The SPEAKER. Representative Mark Keller, on the Farry Lewis Quinn, M. amendment, sir. Mr. M. KELLER. Thank you, Mr. Speaker. NOT VOTING–0 As I have said in the past, we are trying to be uniform, and I would encourage a "no" vote. Thank you. EXCUSED–12

Christiana Gergely Mako Simmons On the question recurring, Costa, P. Hennessey McNeill Taylor Will the House agree to the amendment? Fabrizio James Rabb Watson The following roll call was recorded:

Less than the majority having voted in the affirmative, the YEAS–54 question was determined in the negative and the amendment was not agreed to. Boyle Deasy Kinsey Roebuck Bradford DeLissio Kirkland Samuelson Briggs Dermody Krueger Schlossberg On the question recurring, Brown, V. Donatucci Kulik Schweyer Will the House agree to the bill on second consideration? Bullock Driscoll Madden Sims

2017 LEGISLATIVE JOURNAL—HOUSE 607

Caltagirone Evans Markosek Solomon (2) Paragraph (1) does not apply to a challenge of a Cephas Fitzgerald McCarter Sturla requirement that an individual in possession of a firearm in this Comitta Frankel McClinton Thomas Commonwealth maintain firearm liability insurance for each Cruz Freeman Miller, D. Vazquez firearm owned by that individual, the proof of which must be Daley Gainey Neilson Vitali Davidson Galloway O'Brien Warren provided upon request of a law enforcement officer, in the Davis Harris, J. Pashinski Wheatley following amounts: Dawkins Keller, W. Ravenstahl Youngblood (i) At least $500,000 in liability coverage that Dean Kim can be used by the firearm owner to pay civil damages resulting from the legal use of the firearm by the NAYS–137 firearm's owner. The policy shall satisfy a judgment for personal injuries or property damages arising out of legal Baker Fee Mackenzie Rapp use of the covered firearm up to the coverage amount. Barbin Flynn Maher Readshaw (ii) At least $50,000 in criminal defense Barrar Fritz Maloney Reed protection that can be used to reimburse a firearm owner Benninghoff Gabler Marshall Reese Bernstine Gillen Marsico Roae if the owner is found not guilty after being charged with Bizzarro Gillespie Masser Roe illegal use of a covered firearm. Bloom Godshall Matzie Rothman (iii) At least $5,000 for mental health services Boback Goodman McGinnis Rozzi for a firearm owner, the need for which results from the Brown, R. Greiner Mehaffie Ryan legal use of a covered firearm. Burns Grove Mentzer Saccone Carroll Haggerty Metcalfe Sainato Causer Hahn Metzgar Sankey On the question, Charlton Hanna Miccarelli Santora Will the House agree to the amendment? Conklin Harkins Millard Saylor Cook Harper Miller, B. Schemel The SPEAKER. Representative Kinsey, on the amendment, Corbin Harris, A. Milne Snyder Corr Heffley Moul Sonney please. Costa, D. Helm Mullery Staats Mr. KINSEY. Thank you, Mr. Speaker. Cox Hickernell Murt Stephens This amendment exempts from the bill an ordinance that Culver Hill Mustio Tallman requires a firearm owner to maintain firearm liability insurance Cutler Irvin Nelson Tobash Day Jozwiak Nesbit Toepel and provide it upon a request of a law enforcement officer. This Delozier Kampf Neuman Toohil amendment will actually help protect lawful firearm owners DeLuca Kaufer O'Neill Topper from paying large sums out of pocket or going into debt for Diamond Kauffman Oberlander Walsh damages and attorney costs resulting from the use of an illegally DiGirolamo Kavulich Ortitay Ward Dowling Keefer Peifer Warner owned firearm. Dunbar Keller, F. Petrarca Wentling You know, Mr. Speaker, we keep saying common sense, but Dush Keller, M.K. Petri Wheeland this is about protecting gun owners, and I just ask my colleagues Ellis Klunk Pickett White to support this amendment. Emrick Knowles Pyle Zimmerman English Kortz Quigley The SPEAKER. Representative Mark Keller, on the Evankovich Lawrence Quinn, C. Turzai, amendment, please. Everett Lewis Quinn, M. Speaker Mr. M. KELLER. Thank you, Mr. Speaker. Farry Longietti Rader As said in the past, uniformity. I would encourage a "no" vote. NOT VOTING–0

EXCUSED–12 On the question recurring, Will the House agree to the amendment? Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor The following roll call was recorded: Fabrizio James Rabb Watson

YEAS–49

Less than the majority having voted in the affirmative, the Boyle Dean Kim Ravenstahl question was determined in the negative and the amendment Bradford DeLissio Kinsey Roebuck was not agreed to. Briggs Dermody Kirkland Schlossberg Brown, V. Donatucci Krueger Sims Bullock Driscoll Madden Solomon On the question recurring, Caltagirone Evans Markosek Sturla Will the House agree to the bill on second consideration? Cephas Fitzgerald McCarter Thomas Comitta Frankel McClinton Vazquez Cruz Gainey Miller, D. Vitali Mr. KINSEY offered the following amendment Daley Galloway Neilson Warren No. A00850: Davidson Harris, J. O'Brien Wheatley Davis Keller, W. Pashinski Youngblood Amend Bill, page 2, line 1, by striking out all of said line and Dawkins inserting (a.2) Relief.–[A]

(1) Except as provided in paragraph (2), a person adversely affected by an ordinance, Amend Bill, page 2, by inserting between lines 7 and 8 608 LEGISLATIVE JOURNAL—HOUSE APRIL 25

NAYS–142 prohibition regarding a person possessing, using, controlling, selling, delivering, transferring or manufacturing an assault Baker Fee Longietti Rapp weapon or obtaining a license for any of these acts, unless the Barbin Flynn Mackenzie Readshaw person: Barrar Freeman Maher Reed (i) is a member of the armed forces of the United Benninghoff Fritz Maloney Reese States, including National Guard and reserve Bernstine Gabler Marshall Roae Bizzarro Gillen Marsico Roe components, a law enforcement officer or other public Bloom Gillespie Masser Rothman safety officer while performing official duties or Boback Godshall Matzie Rozzi traveling to or from an authorized place of duty if Brown, R. Goodman McGinnis Ryan possession of the assault weapon is authorized under Burns Greiner Mehaffie Saccone applicable statute, regulation or military or law Carroll Grove Mentzer Sainato enforcement policy; Causer Haggerty Metcalfe Samuelson (ii) is authorized under applicable statute, Charlton Hahn Metzgar Sankey regulation or military or law enforcement policy to Conklin Hanna Miccarelli Santora Cook Harkins Millard Saylor perform any of these acts for the purpose of ensuring that Corbin Harper Miller, B. Schemel an individual obtains an assault weapon; or Corr Harris, A. Milne Schweyer (iii) lawfully owns or otherwise possesses an Costa, D. Heffley Moul Snyder assault weapon before the effective date of this section. Cox Helm Mullery Sonney Culver Hickernell Murt Staats On the question, Cutler Hill Mustio Stephens Day Irvin Nelson Tallman Will the House agree to the amendment? Deasy Jozwiak Nesbit Tobash Delozier Kampf Neuman Toepel The SPEAKER. Representative Kinsey is recognized on DeLuca Kaufer O'Neill Toohil amendment 852. Diamond Kauffman Oberlander Topper DiGirolamo Kavulich Ortitay Walsh Mr. KINSEY. Thank you, Mr. Speaker. Dowling Keefer Peifer Ward This amendment exempts from the bill an ordinance that Dunbar Keller, F. Petrarca Warner bans the sale and possession of assault weapons without a Dush Keller, M.K. Petri Wentling license or permit. This amendment will protect all Ellis Klunk Pickett Wheeland Emrick Knowles Pyle White Pennsylvanians from the damage that can be caused by assault English Kortz Quigley Zimmerman weapons, especially if it is lost or stolen, and I ask my Evankovich Kulik Quinn, C. colleagues to support this amendment. Everett Lawrence Quinn, M. Turzai, Thank you, Mr. Speaker. Farry Lewis Rader Speaker The SPEAKER. Representative Mark Keller, on the NOT VOTING–0 amendment, please. Mr. M. KELLER. Thank you, Mr. Speaker. EXCUSED–12 I sound like a broken record, but we are looking for uniformity in the piece of legislation, and I would encourage a Christiana Gergely Mako Simmons "no" vote. Costa, P. Hennessey McNeill Taylor Fabrizio James Rabb Watson On the question recurring, Will the House agree to the amendment? Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment The following roll call was recorded: was not agreed to. YEAS–52 On the question recurring, Bizzarro Dawkins Keller, W. Sainato Will the House agree to the bill on second consideration? Boyle Dean Kim Samuelson Bradford DeLissio Kinsey Schlossberg The SPEAKER. Representative Kirkland has withdrawn Briggs Dermody Kirkland Schweyer amendment 854 and has withdrawn amendment 856. Brown, V. Donatucci Krueger Sims Bullock Driscoll Madden Solomon Caltagirone Fitzgerald McCarter Sturla On the question recurring, Cephas Frankel McClinton Thomas Will the House agree to the bill on second consideration? Comitta Freeman Miller, D. Vazquez Cruz Gainey Neilson Vitali Daley Galloway O'Brien Warren Mr. KINSEY offered the following amendment Davidson Harkins Pashinski Wheatley No. A00852: Davis Harris, J. Roebuck Youngblood

Amend Bill, page 2, line 1, by striking out all of said line and NAYS–139 inserting (a.2) Relief.–[A] Baker Fee Mackenzie Rader (1) Except as provided in paragraph (2), a person Barbin Flynn Maher Rapp Barrar Fritz Maloney Ravenstahl adversely affected by an ordinance, Benninghoff Gabler Markosek Readshaw Amend Bill, page 2, by inserting between lines 7 and 8 Bernstine Gillen Marshall Reed (2) Paragraph (1) does not apply to a challenge of a Bloom Gillespie Marsico Reese 2017 LEGISLATIVE JOURNAL—HOUSE 609

Boback Godshall Masser Roae described in the legislation as it was introduced, and that Brown, R. Goodman Matzie Roe description is "A group with at least four members, which has Burns Greiner McGinnis Rothman Carroll Grove Mehaffie Rozzi bylaws and which has membership dues." Short of that, you Causer Haggerty Mentzer Ryan know, almost anything or any group can qualify, and we already Charlton Hahn Metcalfe Saccone have some very broad language in here, and I am not sure that is Conklin Hanna Metzgar Sankey the intent. Cook Harper Miccarelli Santora Corbin Harris, A. Millard Saylor So I would appreciate everybody's thoughtful consideration. Corr Heffley Miller, B. Schemel This tries to at least frame the description of a membership Costa, D. Helm Milne Snyder organization. I do not think it in any way impedes the intent of Cox Hickernell Moul Sonney the legislation. It certainly does not impede it being uniform. Culver Hill Mullery Staats Cutler Irvin Murt Stephens Thank you. Day Jozwiak Mustio Tallman The SPEAKER. Representative Mark Keller, on the Deasy Kampf Nelson Tobash amendment, please. Delozier Kaufer Nesbit Toepel Mr. M. KELLER. Thank you, Mr. Speaker. DeLuca Kauffman Neuman Toohil Diamond Kavulich O'Neill Topper As I had said in the past about generally allowing DiGirolamo Keefer Oberlander Walsh membership organizations, it is no different than the kind of Dowling Keller, F. Ortitay Ward membership standing used by labor unions or by wage payment Dunbar Keller, M.K. Peifer Warner and collection law to sue on behalf of their members, and it is Dush Klunk Petrarca Wentling Ellis Knowles Petri Wheeland no different than the kind of an associated standing used by an Emrick Kortz Pickett White environmental group that also can sue for environmental English Kulik Pyle Zimmerman protections. Evankovich Lawrence Quigley Lawful gun owners are entitled to the same rules and Evans Lewis Quinn, C. Turzai, Everett Longietti Quinn, M. Speaker regulations, and I would encourage a "no" vote. Farry On the question recurring, NOT VOTING–0 Will the House agree to the amendment?

EXCUSED–12 The following roll call was recorded:

Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor YEAS–51 Fabrizio James Rabb Watson Boyle Dean Kim Samuelson Bradford DeLissio Kinsey Schlossberg Briggs Dermody Kirkland Schweyer Less than the majority having voted in the affirmative, the Brown, V. Donatucci Krueger Sims question was determined in the negative and the amendment Bullock Driscoll Madden Solomon was not agreed to. Caltagirone Evans McCarter Sturla Cephas Fitzgerald McClinton Thomas Comitta Frankel Miller, D. Vazquez On the question recurring, Cruz Freeman Neilson Vitali Will the House agree to the bill on second consideration? Daley Gainey O'Brien Warren Davidson Galloway Pashinski Wheatley Ms. DeLISSIO offered the following amendment Davis Harris, J. Ravenstahl Youngblood Dawkins Keller, W. Roebuck No. A00858: NAYS–140 Amend Bill, page 2, by inserting between lines 29 and 30 "Membership organization." A group with at least four Baker Fee Mackenzie Rader members, which has bylaws and which has membership dues. Barbin Flynn Maher Rapp Barrar Fritz Maloney Readshaw Benninghoff Gabler Markosek Reed On the question, Bernstine Gillen Marshall Reese Will the House agree to the amendment? Bizzarro Gillespie Marsico Roae Bloom Godshall Masser Roe The SPEAKER. Representative DeLissio, on the Boback Goodman Matzie Rothman Brown, R. Greiner McGinnis Rozzi amendment, please. Burns Grove Mehaffie Ryan Ms. DeLISSIO. Thank you, Mr. Speaker. Carroll Haggerty Mentzer Saccone This might not be the best draft of an amendment, but it is Causer Hahn Metcalfe Sainato certainly not the best draft of a piece of legislation that I have Charlton Hanna Metzgar Sankey Conklin Harkins Miccarelli Santora seen lately, a little too loosely drafted. Cook Harper Millard Saylor And I am impressed by— I could appreciate the concept of Corbin Harris, A. Miller, B. Schemel uniformity, and I think if we could get together and agree on Corr Heffley Milne Snyder updating some of these laws, they indeed would be uniform Costa, D. Helm Moul Sonney Cox Hickernell Mullery Staats across the State. But because that discussion does not seem to Culver Hill Murt Stephens be happening, I do offer an amendment, A00858, which in fact Cutler Irvin Mustio Tallman then describes the membership organization, which is not Day Jozwiak Nelson Tobash 610 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Deasy Kampf Nesbit Toepel damage to make national headlines. Many of the horrific acts Delozier Kaufer Neuman Toohil we have seen in the past few several years have been carried out DeLuca Kauffman O'Neill Topper Diamond Kavulich Oberlander Walsh with an assault weapon and have destroyed lives at a nightclub DiGirolamo Keefer Ortitay Ward in Orlando, Florida; a school in Newtown, Connecticut; a movie Dowling Keller, F. Peifer Warner theater in Aurora, Colorado; a church gathering in Charleston, Dunbar Keller, M.K. Petrarca Wentling South Carolina; and a holiday party in San Bernardino, Dush Klunk Petri Wheeland Ellis Knowles Pickett White California. Emrick Kortz Pyle Zimmerman A review of mass shootings between January 2009 and English Kulik Quigley January 2013 by Mayors Against Illegal Guns found that Evankovich Lawrence Quinn, C. Turzai, incidents where assault weapons or large capacity ammunition Everett Lewis Quinn, M. Speaker Farry Longietti magazines were used resulted in 135 percent more people shot and 57 percent more killed compared to other mass shootings. NOT VOTING–0 These incidents cannot be ignored. So I ask my colleagues to help combat gun violence in the EXCUSED–12 city of Philadelphia by supporting this amendment. The SPEAKER. Representative Mark Keller, on the Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor amendment, please. Fabrizio James Rabb Watson Mr. M. KELLER. Thank you, Mr. Speaker. Again, we are proposing uniformity in the law, and I would encourage a "no" vote. Thank you, Mr. Speaker. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment On the question recurring, was not agreed to. Will the House agree to the amendment?

On the question recurring, The following roll call was recorded: Will the House agree to the bill on second consideration? YEAS–52 The SPEAKER. Representative DeLissio has withdrawn amendment 860. Boyle Dawkins Kavulich Roebuck Bradford Dean Keller, W. Samuelson Briggs DeLissio Kim Schlossberg On the question recurring, Brown, V. Dermody Kinsey Schweyer Will the House agree to the bill on second consideration? Bullock Donatucci Kirkland Sims Caltagirone Driscoll Krueger Solomon Carroll Evans Madden Sturla Mr. BOYLE offered the following amendment No. A00875: Cephas Fitzgerald McCarter Thomas Comitta Frankel McClinton Vazquez Amend Bill, page 2, line 1, by striking out all of said line and Cruz Freeman Miller, D. Vitali inserting Daley Gainey Neilson Warren (a.2) Relief.–[A] Davidson Galloway O'Brien Wheatley (1) Except as set forth in paragraph (2), a person Davis Harris, J. Pashinski Youngblood

adversely affected by an ordinance, NAYS–139 Amend Bill, page 2, by inserting between lines 7 and 8

(2) Paragraph (1) does not apply to a challenge of a Baker Flynn Maher Rapp provision making it unlawful for a person that is not a licensed Barbin Fritz Maloney Ravenstahl firearms dealer to own, use, possess or transfer an assault weapon Barrar Gabler Markosek Readshaw or any accessory or ammunition for an assault weapon in a city Benninghoff Gillen Marshall Reed of the first class, unless the local electorate ratifies the provision Bernstine Gillespie Marsico Reese by referendum at the next general, municipal or primary election Bizzarro Godshall Masser Roae to be held after adoption of the provision. Bloom Goodman Matzie Roe Boback Greiner McGinnis Rothman Brown, R. Grove Mehaffie Rozzi On the question, Burns Haggerty Mentzer Ryan Will the House agree to the amendment? Causer Hahn Metcalfe Saccone Charlton Hanna Metzgar Sainato Conklin Harkins Miccarelli Sankey The SPEAKER. Representative Boyle, on the amendment, Cook Harper Millard Santora sir. Corbin Harris, A. Miller, B. Saylor Mr. BOYLE. Thank you, Mr. Speaker. Corr Heffley Milne Schemel I rise to offer amendment A00875. This amendment would Costa, D. Helm Moul Snyder Cox Hickernell Mullery Sonney exempt from the bill an ordinance that prohibits anyone who is Culver Hill Murt Staats not a licensed firearms dealer from using, possessing, or Cutler Irvin Mustio Stephens transferring an assault weapon in a city of the first class. Assault Day Jozwiak Nelson Tallman weapons have military-style features that provide stability Deasy Kampf Nesbit Tobash Delozier Kaufer Neuman Toepel during rapid firing, allowing a shooter to inflict a lot of damage DeLuca Kauffman O'Neill Toohil in a short amount of time. They are also a weapon you would Diamond Keefer Oberlander Topper frequently see in mass shootings, oftentimes doing enough DiGirolamo Keller, F. Ortitay Walsh 2017 LEGISLATIVE JOURNAL—HOUSE 611

Dowling Keller, M.K. Peifer Ward The following roll call was recorded: Dunbar Klunk Petrarca Warner Dush Knowles Petri Wentling Ellis Kortz Pickett Wheeland YEAS–51 Emrick Kulik Pyle White English Lawrence Quigley Zimmerman Boyle Dean Kim Samuelson Evankovich Lewis Quinn, C. Bradford DeLissio Kinsey Schlossberg Everett Longietti Quinn, M. Turzai, Briggs Dermody Kirkland Schweyer Farry Mackenzie Rader Speaker Brown, V. Donatucci Krueger Sims Fee Bullock Driscoll Madden Solomon Caltagirone Evans McCarter Sturla NOT VOTING–0 Cephas Fitzgerald McClinton Thomas Comitta Frankel Miller, D. Vazquez

Cruz Freeman Neilson Vitali EXCUSED–12 Daley Gainey O'Brien Warren Davidson Galloway Pashinski Wheatley Christiana Gergely Mako Simmons Davis Harris, J. Ravenstahl Youngblood Costa, P. Hennessey McNeill Taylor Dawkins Keller, W. Roebuck Fabrizio James Rabb Watson NAYS–140

Less than the majority having voted in the affirmative, the Baker Fee Mackenzie Rader question was determined in the negative and the amendment Barbin Flynn Maher Rapp Barrar Fritz Maloney Readshaw was not agreed to. Benninghoff Gabler Markosek Reed Bernstine Gillen Marshall Reese On the question recurring, Bizzarro Gillespie Marsico Roae Will the House agree to the bill on second consideration? Bloom Godshall Masser Roe Boback Goodman Matzie Rothman Brown, R. Greiner McGinnis Rozzi Mr. GAINEY offered the following amendment Burns Grove Mehaffie Ryan No. A00878: Carroll Haggerty Mentzer Saccone Causer Hahn Metcalfe Sainato Charlton Hanna Metzgar Sankey Amend Bill, page 2, by inserting between lines 19 and 20 Conklin Harkins Miccarelli Santora (a.4) Applicability.–The provisions of subsections (a.2) and (a.3) Cook Harper Millard Saylor shall not apply to a municipality in a county of the second class. Corbin Harris, A. Miller, B. Schemel Corr Heffley Milne Snyder On the question, Costa, D. Helm Moul Sonney Cox Hickernell Mullery Staats Will the House agree to the amendment? Culver Hill Murt Stephens Cutler Irvin Mustio Tallman The SPEAKER. Representative Gainey, on the amendment, Day Jozwiak Nelson Tobash please. Deasy Kampf Nesbit Toepel Delozier Kaufer Neuman Toohil Mr. GAINEY. Thank you, Mr. Speaker. DeLuca Kauffman O'Neill Topper I rise, Mr. Speaker, to offer amendment A00878. The Diamond Kavulich Oberlander Walsh amendment is just very simple. It exempts municipalities in the DiGirolamo Keefer Ortitay Ward county of the second class from the provision of the underlying Dowling Keller, F. Peifer Warner Dunbar Keller, M.K. Petrarca Wentling bill. We discussed a lot in this chamber about preempting local Dush Klunk Petri Wheeland authority, local ordinance, and local government, and I think Ellis Knowles Pickett White that if we want to really begin to talk about how we save lives, Emrick Kortz Pyle Zimmerman I think we let the local governments do what is best for them, English Kulik Quigley Evankovich Lawrence Quinn, C. Turzai, for they know how to protect their community and build a Everett Lewis Quinn, M. Speaker healthier community more than we do. Farry Longietti So I stand today and ask my colleagues to support this initiative. If we really want to demonstrate that we do not want NOT VOTING–0 to preempt local governments, then this is the way to do it. So I am asking people to exempt second-class cities from this EXCUSED–12 provision of the bill. Let us show that we are walking like we Christiana Gergely Mako Simmons are talking. Costa, P. Hennessey McNeill Taylor The SPEAKER. Representative Mark Keller, on the Fabrizio James Rabb Watson amendment, please. Mr. M. KELLER. Thank you, Mr. Speaker. As I have stated and you have heard me state before, the Less than the majority having voted in the affirmative, the courts have already ruled on uniformity. I would encourage a question was determined in the negative and the amendment "no" vote. was not agreed to.

On the question recurring, Will the House agree to the amendment?

612 LEGISLATIVE JOURNAL—HOUSE APRIL 25

THE SPEAKER PRO TEMPORE Mr. M. KELLER. Thank you, Mr. Speaker. (MATTHEW E. BAKER) PRESIDING As I have said in the past, we are looking for uniformity. I would encourage a "no" vote. On the question recurring, The SPEAKER pro tempore. The Chair thanks the Will the House agree to the bill on second consideration? gentleman. Mr. Boyle, are you seeking second recognition? No. Mr. BOYLE offered the following amendment No. A00880: On the question recurring, Amend Bill, page 2, line 1, by striking out all of said line and Will the House agree to the amendment? inserting (a.2) Relief.–[A] The following roll call was recorded: (1) Except as set forth in paragraph (2), a person adversely affected by an ordinance, YEAS–53 Amend Bill, page 2, by inserting between lines 7 and 8 (2) Paragraph (1) does not apply to a challenge of a Boyle Dean Keller, W. Roebuck provision relating to permitting process for large capacity Bradford DeLissio Kim Samuelson ammunition magazines. Briggs Dermody Kinsey Schlossberg (3) For purposes of this subsection, "large capacity Brown, V. Donatucci Kirkland Schweyer ammunition magazine" means a box, drum, tube, feed strip, Bullock Driscoll Krueger Sims container or other device that is capable of accepting or may be Caltagirone Evans Madden Solomon readily restored or converted to accept more than 15 rounds of Carroll Fitzgerald Markosek Sturla Cephas Frankel McCarter Thomas ammunition or five shotgun shells to be fed continuously and Comitta Freeman McClinton Vazquez directly from the device into a firearm. The term does not include Cruz Gainey Miller, D. Vitali a device that: Daley Galloway Neilson Warren (i) has been permanently altered so that it may Davidson Harris, J. O'Brien Wheatley not accommodate more than 15 rounds of ammunition or Davis Kavulich Pashinski Youngblood more than five shotgun shells; or Dawkins (ii) is a tubular magazine device that is contained or used in a lever-action firearm or single- NAYS–138 action-only firearm. Baker Fee Mackenzie Rapp Barbin Flynn Maher Ravenstahl On the question, Barrar Fritz Maloney Readshaw Will the House agree to the amendment? Benninghoff Gabler Marshall Reed Bernstine Gillen Marsico Reese Bizzarro Gillespie Masser Roae The SPEAKER pro tempore. On that question, the Bloom Godshall Matzie Roe gentleman, Mr. Boyle, is recognized. Boback Goodman McGinnis Rothman Mr. BOYLE. Thank you, Mr. Speaker. Brown, R. Greiner Mehaffie Rozzi I rise to offer amendment A00880. This amendment provides Burns Grove Mentzer Ryan Causer Haggerty Metcalfe Saccone for an ordinance relating to a permitting process for large Charlton Hahn Metzgar Sainato capacity ammunition magazines to be exempt from this bill. Conklin Hanna Miccarelli Sankey Large capacity ammunition magazines are defined as "an Cook Harkins Millard Santora automatic ammunition feeding device capable of accepting Corbin Harper Miller, B. Saylor Corr Harris, A. Milne Schemel more than 15 rounds of ammunition or more than 5 shotgun Costa, D. Heffley Moul Snyder shells." In some cases, weapons can hold up to as many as Cox Helm Mullery Sonney 100 rounds of ammunition. As I discussed previously, large Culver Hickernell Murt Staats capacity ammunition magazines present a considerable safety Cutler Hill Mustio Stephens Day Irvin Nelson Tallman risk to citizens and communities. Deasy Jozwiak Nesbit Tobash There is no need to run the list again of all the horrific acts Delozier Kampf Neuman Toepel that have been carried out with assault weapons and large DeLuca Kaufer O'Neill Toohil capacity ammunition magazines. There is no need to run Diamond Kauffman Oberlander Topper DiGirolamo Keefer Ortitay Walsh through that list again because these atrocities stick with us, and Dowling Keller, F. Peifer Ward I will do what I can do to be sure that this does not happen again Dunbar Keller, M.K. Petrarca Warner in our part of the State in the city of Philadelphia. Dush Klunk Petri Wentling It is illegal to use a large capacity ammunition magazine to Ellis Knowles Pickett Wheeland Emrick Kortz Pyle White hunt in Pennsylvania, but magazines have frequently been used English Kulik Quigley Zimmerman in the horrific mass shootings we have seen across the country. Evankovich Lawrence Quinn, C. This amendment will give municipalities the tools they need to Everett Lewis Quinn, M. Turzai, protect public safety by creating a permit for large capacity Farry Longietti Rader Speaker ammunition magazines. NOT VOTING–0 I ask my colleagues for their support. The SPEAKER pro tempore. The Chair thanks the gentleman and recognizes the gentleman, Mr. Keller, on the amendment.

2017 LEGISLATIVE JOURNAL—HOUSE 613

EXCUSED–12 Mr. M. KELLER. Thank you, Mr. Speaker. While I am sure that my colleague has good intentions, Christiana Gergely Mako Simmons I would say that we should be very careful about any local Costa, P. Hennessey McNeill Taylor Fabrizio James Rabb Watson action concerning firearm restrictions. Although the amendment says it would allow resolutions where the purpose is solely to express an opinion, that does not mean that the sole effect of the Less than the majority having voted in the affirmative, the resolution would be to express an opinion. question was determined in the negative and the amendment And as we all know, the way that such a local resolution was not agreed to. would be reported by local press would lead lawful gun owners to believe that there is an extra regulation in place. That is why On the question recurring, we need to be uniform, and I would encourage a "no" vote. Will the House agree to the bill on second consideration? Thank you very much, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the Mr. FREEMAN offered the following amendment gentleman and recognizes the gentleman, Mr. Freeman, for the No. A00886: second time on the amendment. Mr. FREEMAN. Thank you, Mr. Speaker. Amend Bill, page 2, line 7, by inserting after "court." I think there needs to be some clarification to the previous Any act by the governing body in the form of a resolution in gentleman's remarks. This is solely dealing with resolutions that which the sole purpose is to express the opinion of the governing body express an opinion, the kind of resolutions that we vote on every is exempt from the provisions of this subsection. day in this chamber. They do not have the force of law. Let me repeat that: They do not have the force of law. They are merely On the question, the expression of opinion of a local governing body. Will the House agree to the amendment? We should not be imposing a gag order on the First Amendment rights of our local elected officials if they wish to The SPEAKER pro tempore. On that question, the venture an opinion on something pertaining to gun policy. This gentleman, Mr. Freeman, is recognized. in no way, under my language, would affect those resolutions Mr. FREEMAN. Thank you, Mr. Speaker. that might have the force of law. They would still be covered by Mr. Speaker, my amendment, A00886, simply delineates this bill. what kind of resolution would be exempted from the provisions But we should not in any way be putting in place a gag order of this bill. For the information of the members, the legislation against the rights of local elected officials to express as before us would cover all ordinances, all resolutions, rules, themselves. That is a basic right that all of us should stand by, regulations, any action by a municipality as it pertains to the and I urge a "yes" vote. subject that is before us. However, it is important to note that The SPEAKER pro tempore. The Chair thanks the resolutions at the local level actually come in two forms. There gentleman. are some resolutions which carry the force of law like an ordinance would, by their very nature have an impact in On the question recurring, creating a statute within that municipality, but most resolutions, Will the House agree to the amendment? as those that we vote on here in this chamber every day, merely are an expression of opinion. What my amendment does is it The following roll call was recorded: carves out those kinds of resolutions and simply states that if the resolution being voted is simply for the purpose to express the YEAS–69 opinion of the governing body, it would then be exempted from the provisions of this legislation. I think that is an important Boyle Donatucci Krueger Ravenstahl carveout and distinction. Bradford Driscoll Madden Roe Briggs English Maher Roebuck You know, in the advocates of this legislation's zeal to put Brown, V. Evans Marshall Samuelson forth a measure they believe will protect Second Amendment Bullock Fitzgerald Matzie Santora rights, we should not be putting in place a law in Pennsylvania Caltagirone Frankel McCarter Schlossberg that gags our local elected officials and undermines their First Carroll Freeman McClinton Schweyer Cephas Gainey Miccarelli Sims Amendment rights. Whether you support or oppose this Comitta Galloway Miller, D. Solomon legislation, a resolution by a governing body of a municipality Cruz Gillen Murt Sturla that is merely an expression of opinion should not be covered Daley Harper Neilson Thomas by this proposal. Davidson Harris, A. O'Brien Vazquez Davis Harris, J. O'Neill Vitali I urge the members to please support this. Let our governing Dawkins Keller, W. Pashinski Warren bodies express their opinions on gun laws, on gun policies. This Dean Kim Petri Wheatley will not in any way affect the rights of an owner of a gun. It is Deasy Kinsey Quinn, C. White merely protecting municipalities to be able to express their DeLissio Kirkland Quinn, M. Youngblood Dermody opinions through those types of resolutions like the very ones that we vote on in this body that are simply an expression of NAYS–122 opinion. I urge a "yes" vote. The SPEAKER pro tempore. The Chair thanks the Baker Everett Kulik Rapp gentleman and recognizes the gentleman, Mr. Mark Keller, on Barbin Farry Lawrence Readshaw Barrar Fee Lewis Reed the amendment. Benninghoff Flynn Longietti Reese 614 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Bernstine Fritz Mackenzie Roae Mr. BOYLE. Thank you, Mr. Speaker. Bizzarro Gabler Maloney Rothman I rise to offer amendment A00887. This amendment exempts Bloom Gillespie Markosek Rozzi Boback Godshall Marsico Ryan from the bill an ordinance that imposes a one-handgun-per- Brown, R. Goodman Masser Saccone month purchase limit in a city of the first class, with certain Burns Greiner McGinnis Sainato exceptions such as law enforcement and licensed dealers. Causer Grove Mehaffie Sankey Handguns have proven to be responsible for the large Charlton Haggerty Mentzer Saylor Conklin Hahn Metcalfe Schemel majority of gun violence incidents every year. We should all be Cook Hanna Metzgar Snyder disturbed by the gun violence that continues to plague the city Corbin Harkins Millard Sonney of Philadelphia. In 2014 it was cited that 83 percent of homicide Corr Heffley Miller, B. Staats victims were killed with a firearm in the city of Philadelphia. As Costa, D. Helm Milne Stephens Cox Hickernell Moul Tallman of this past Sunday, April 23, Philadelphia's homicide count has Culver Hill Mullery Tobash already reached 97 deaths. This is a 17-percent increase from Cutler Irvin Mustio Toepel last year. In 2014 almost half of all firearm-related injuries in Day Jozwiak Nelson Toohil Pennsylvania occurred in Philadelphia alone. CHOP, the Delozier Kampf Nesbit Topper DeLuca Kaufer Neuman Walsh Children's Hospital of Philadelphia, has treated more than Diamond Kauffman Oberlander Ward 1800 people under the age of 24 for gunshot wounds between DiGirolamo Kavulich Ortitay Warner 2007 and 2016. That translates to roughly 15 firearm victims Dowling Keefer Peifer Wentling per month. Dunbar Keller, F. Petrarca Wheeland Dush Keller, M.K. Pickett Zimmerman My amendment could help prevent impulse handgun Ellis Klunk Pyle purchases and cut down on straw purchases of handguns. Emrick Knowles Quigley Turzai, I ask all my colleagues for their support. Evankovich Kortz Rader Speaker

NOT VOTING–0 THE SPEAKER (MIKE TURZAI) PRESIDING EXCUSED–12 The SPEAKER. Representative Mark Keller, on the Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor amendment, please. Fabrizio James Rabb Watson Mr. M. KELLER. Thank you, Mr. Speaker. Again, we are pressing for uniformity here within the law. I would encourage a "no" vote. Thank you, Mr. Speaker. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment On the question recurring, was not agreed to. Will the House agree to the amendment?

On the question recurring, The following roll call was recorded: Will the House agree to the bill on second consideration? YEAS–50 Mr. BOYLE offered the following amendment No. A00887: Boyle Dean Kim Samuelson Bradford DeLissio Kinsey Schlossberg Amend Bill, page 2, line 1, by striking out all of said line and Briggs Dermody Kirkland Schweyer inserting Brown, V. Donatucci Krueger Sims (a.2) Relief.–[A] Bullock Driscoll Madden Solomon (1) Except as set forth in paragraph (2), a person Caltagirone Evans McCarter Sturla adversely affected by an ordinance, Cephas Fitzgerald McClinton Thomas Amend Bill, page 2, by inserting between lines 7 and 8 Comitta Frankel Miller, D. Vazquez (2) Paragraph (1) does not apply to a challenge to Cruz Freeman Neilson Vitali limited purchases or sales of handguns by a person, where the Daley Gainey O'Brien Warren Davidson Galloway Pashinski Wheatley limit involves not more than one transaction within a 30-day Davis Harris, J. Roebuck Youngblood period in a city of the first class, unless the person is a licensed Dawkins Keller, W. firearm dealer who is purchasing the handguns in the ordinary course of business, a licensed firearm collector, a law NAYS–141 enforcement agency, an agency authorized to perform law enforcement duties, a State or local correctional facility, a private Baker Fee Mackenzie Rapp security agency licensed to do business within this Barbin Flynn Maher Ravenstahl Commonwealth, a purchaser or seller of antique firearms or a Barrar Fritz Maloney Readshaw person whose handgun is stolen or irretrievably lost if a proper Benninghoff Gabler Markosek Reed Bernstine Gillen Marshall Reese police report was made. Bizzarro Gillespie Marsico Roae Bloom Godshall Masser Roe On the question, Boback Goodman Matzie Rothman Will the House agree to the amendment? Brown, R. Greiner McGinnis Rozzi Burns Grove Mehaffie Ryan Carroll Haggerty Mentzer Saccone The SPEAKER pro tempore. On that question, the Causer Hahn Metcalfe Sainato gentleman, Mr. Boyle, is recognized. Charlton Hanna Metzgar Sankey 2017 LEGISLATIVE JOURNAL—HOUSE 615

Conklin Harkins Miccarelli Santora The SPEAKER. On the amendment, the Chair recognizes Cook Harper Millard Saylor Representative Matt Bradford. Corbin Harris, A. Miller, B. Schemel Corr Heffley Milne Snyder Mr. BRADFORD. Thank you, Mr. Speaker. Costa, D. Helm Moul Sonney The SPEAKER. Representative Bradford, if I might— Cox Hickernell Mullery Staats Mr. BRADFORD. I apologize. Culver Hill Murt Stephens The SPEAKER. —do you mind using the rostrum up here. Cutler Irvin Mustio Tallman Day Jozwiak Nelson Tobash The leaders have both asked if we would not mind directing the Deasy Kampf Nesbit Toepel members to the two front rostrums. And I do apologize, but Delozier Kaufer Neuman Toohil I had been asked. The leaders on both sides had asked that we DeLuca Kauffman O'Neill Topper follow that protocol. Thank you. Diamond Kavulich Oberlander Walsh DiGirolamo Keefer Ortitay Ward And Representative Bradford, you may proceed. Dowling Keller, F. Peifer Warner Mr. BRADFORD. Thank you, Mr. Speaker. I appreciate you Dunbar Keller, M.K. Petrarca Wentling not turning off my microphone. Dush Klunk Petri Wheeland Thank you, Mr. Speaker. Ellis Knowles Pickett White Emrick Kortz Pyle Zimmerman I stand here putting forth amendment 893 for one simple English Kulik Quigley reason. The good gentleman has wisely stated – and he kind of Evankovich Lawrence Quinn, C. Turzai, swats off all these commonsense gun safety initiatives – that his Everett Lewis Quinn, M. Speaker goal is preemption and uniformity. And I say, "Okay. If that is Farry Longietti Rader your goal, then why is there special standing?" What my NOT VOTING–0 amendment proposes to do is remove that special standing. When this bill was last litigated in the press and in the EXCUSED–12 public, it became apparent that this was a special little gift for a certain organization called the NRA. Now, if we are going to be Christiana Gergely Mako Simmons about preemption, let us talk about preemption. But if we want Costa, P. Hennessey McNeill Taylor Fabrizio James Rabb Watson to give a little gift to the NRA, then why do special standing? We can have uniformity without doing right by one of the biggest, most powerful special interests around. If this is about Less than the majority having voted in the affirmative, the public safety, then why do we not talk about these initiatives? question was determined in the negative and the amendment But let us not do the bidding of the NRA. was not agreed to. So my proposal is simple. Those organizations that are funded by manufacturers of weapons – assault weapons in many On the question recurring, cases, weapons designed to kill – those organizations that are Will the House agree to the bill on second consideration? funded in such ways should not receive special standing. Let us do uniformity if that is the will of this body. We can do The SPEAKER. Representative Gainey offers amendment preemption, but we do not have to do special favors for the 891, which the clerk will— Representative Gainey waives off NRA. on that amendment. Thank you, sir. Please support this amendment. The SPEAKER. Representative Mark Keller, on the On the question recurring, amendment, please. Will the House agree to the bill on second consideration? Mr. M. KELLER. Thank you, Mr. Speaker. There is no reason to exclude certain organizations from the Mr. BRADFORD offered the following amendment bill. In fact, discriminating against certain groups because of No. A00893: whom they support or whom they do not support could very well infringe on the First Amendment constitutional rights of Amend Bill, page 2, line 30; page 3, lines 1 through 7; by those groups. striking out all of said lines on said pages and inserting I would encourage a "no" vote. "Person adversely affected." The SPEAKER. Representative Cutler, on the amendment, (1) Any of the following: please. [(1)] (i) A resident of this Commonwealth who Mr. CUTLER. Thank you, Mr. Speaker. may legally process a firearm under Federal and State Mr. Speaker, I will reread an item that we had read earlier in law. regards to this misbelief that there is somehow special standing [(2)] (ii) A person who otherwise has standing under the laws of this Commonwealth to bring an action granted by this law that is not granted to other organizations in under subsection (a.2). similar settings. The Wage Payment and Collection Law allows [(3)] (iii) A membership organization, in which for the civil remedies, which we referenced earlier, it allows a member is a person described under paragraph (1) or them to represent any employee or group of employees, (2). including a labor organization or party to whom any type of (2) The term does not include any organization that wage is payable, and it also allows for the collection of receives at least partial funding from a firearms manufacturer. attorney's fees and expenses. So, Mr. Speaker, this is not a special standing. It is consistent On the question, with other areas in our law, and I would urge that we defeat this Will the House agree to the amendment? amendment. Thank you.

616 LEGISLATIVE JOURNAL—HOUSE APRIL 25

The SPEAKER. Representative Bradford, on the much right as the ACLU (American Civil Liberties Union) or amendment, sir. any environmental group to protect the rights established in the Nobody else. Oh, I apologize. I did not have Representative first article of the Constitution. Petri. My apologies. Representative Petri, on the amendment, sir. On the question recurring, Mr. PETRI. Mr. Speaker, I would urge the members not to Will the House agree to the amendment? fall prey to what is a slippery slope. Our law, as the previous speaker has indicated, provides certain protections to groups, (Members proceeded to vote.) whether they be environmental groups, labor groups, and other groups. I think these groups have the right to participate in the VOTE STRICKEN process, in the judicial process and the legal process, to help protect our rights. If we are going to take these rights away, The SPEAKER. Representative Curtis Thomas has requested what other groups that are important to our constituents' rights to speak. will we be taking away? Please strike the vote. I would urge you not to fall prey to this very slippery slope. Thank you. Mr. THOMAS. Thank you, Mr. Speaker. The SPEAKER. Representative Matt Bradford, on the Mr. Speaker, vote "yes" on the Bradford amendment. amendment, please. Mr. Speaker, that 10th Amendment of the Constitution does Mr. BRADFORD. Thank you, Mr. Speaker. not just extend to States, it extends to municipalities. And, Without being argumentative with our last two speakers and Mr. Speaker, the doctrine of preemption is only applicable when Learned Hand I am not, I am pretty sure that the legal doctrine there is a local problem that conflicts with a State problem. We of standing is as old as time. If you are not the party of which did not have a problem. damage is done, you do not get the right to go into court for Curt Thomas was here when this House and the Senate redress and it is that simple. And special standing is the way authored the Pennsylvania uniform firearms law and we voted you let special interest try to take on cases for which they have for it, and that night I went to a party where a friend was given a no interest whatsoever. In the case of the NRA, their interest is brand-new pearl-handled sawed-off shotgun that would not pecuniary. They have a financial incentive to exercise these have been permitted if the uniform firearms law had not been rights. It is shameless and cynical to try to distort legal doctrine signed into law. in a way in which nobody possibly believes is accurate to try to Mr. Speaker, we are not talking about the Second argue wage law, to try to argue environmental law. Come on, Amendment. We are talking about our babies getting their Mr. Speaker; everyone knows. hands on weapons that we did not even use in the war. We are I was looking through the many, many newspaper articles talking about local municipalities, whether or not they have a from the last time this trick was played: "PA lawmakers grant right to do that which is necessary to protect the health, safety, NRA, other groups standing to sue over local gun laws." and welfare of its residents. What, do we throw that out the "Legislators shouldn't cave to the NRA and approve this bad window? When do we decide that we have extended the gun bill." "Pennsylvania lawmakers move to undo court ruling doctrine of parens patriae and now, now, now, now, we are big on NRA backed gun bill." "Pennsylvania Bill Would Allow mom and daddy that is going to tell all of these municipalities NRA to Sue Towns Over Gun Laws." and counties what they should be doing. They are trying to So remember, what we are doing is special standing – special make things safe for you, your children, your mama, your standing so that the NRA can sue my towns today and maybe daddy, and your family. Let us not trample on that right. That is yours tomorrow. That is what this is about. Do not hide behind also a constitutional right. some deceptive legal argument that any first-year law student And so, Mr. Speaker, I am getting ready to sit down. I see knows not to be accurate. Come on, Mr. Speaker; let us not do the hand waving. Support the Bradford amendment and protect the NRA's bidding today. Let us vote in favor of this that right for all municipalities to do that which is necessary to amendment. protect the health, safety, and welfare of its residents. Is that not The SPEAKER. Representative Barbin. constitutional? Let us not trample on that. Mr. BARBIN. Thank you, Mr. Speaker. The SPEAKER. Representative . My argument is simple. I oppose this amendment for the Mr. DIAMOND. Thank you, Mr. Speaker. reason that our limitations are always first in our Constitution. I rise in opposition to this amendment, and I only rise That means that before we limited government from doing because I have been sitting here and listening to a lot of anything, we said there were certain things that were sacrosanct. arguments, and I do want to agree with the previous speaker, One of them is included in Article I. It says, "§ 21. The right of this is not about the Second Amendment. This is about Article I, the citizens to bear arms in defense of themselves and the State section 21, of the Pennsylvania Constitution, which is what is shall not be questioned," period. much more clear, much more concise than the Second There is nothing wrong with any organization protecting the Amendment of the United States Constitution. rights that are established in the Constitution. They certainly The reality here, and the speaker previous to him, the maker have standing. There is nothing special about it. We can have of this amendment, said we do not want special interests suing differences of opinion as to whether municipalities should have our municipalities for laws they have about whatever firearms. rights, particular rights, but they have to pass the legislature to There is a simple solution to that. Your municipalities should do that. We have a constitutional right and the NRA has just as not be making any ordinances or laws against firearms.

2017 LEGISLATIVE JOURNAL—HOUSE 617

The Supreme Court has said that firearms, the topic of Briggs DeLissio Kinsey Schlossberg firearms and firearms rights, are of statewide concern. If you do Brown, V. Dermody Kirkland Schweyer Bullock Donatucci Krueger Sims not like that, you have an option to introduce a constitutional Caltagirone Driscoll Madden Solomon amendment to eliminate the statewide right to keep and bear Carroll Evans McCarter Sturla arms enumerated by Article I, section 21. That is the option, not Cephas Fitzgerald McClinton Thomas by picking apart this constitutional preemption bill. Comitta Frankel Miller, D. Vazquez Cruz Freeman Neilson Vitali I urge a "no" vote on this and any other amendment that Daley Gainey O'Brien Warren interferes with our statewide authority to preempt local laws. Davidson Galloway Pashinski Wheatley Thank you, Mr. Speaker. Davis Harris, J. Ravenstahl Youngblood The SPEAKER. Representative Curtis Thomas, for the second time. NAYS–138

Mr. THOMAS. Thank you, Mr. Speaker. Baker Fee Longietti Rader Mr. Speaker, I just remind my colleagues, it was only last Barbin Flynn Mackenzie Rapp year that there was statewide polling done on whether or not Barrar Fritz Maher Readshaw there should be some regulatory restrictions around the Benninghoff Gabler Maloney Reed Bernstine Gillen Markosek Reese availability and proliferation of guns. In every county, every Bizzarro Gillespie Marshall Roae county – now let us not get senile all of a sudden – the data Bloom Godshall Marsico Roe came in. Montgomery County, 87, 88 percent of the residents Boback Goodman Masser Rothman believe that we should be doing something; Philadelphia Brown, R. Greiner Matzie Rozzi Burns Grove McGinnis Ryan County, over 80 percent; Erie County, over 70 percent; Causer Haggerty Mentzer Saccone Harrisburg, Dauphin County, over 70 percent. Now, stop Charlton Hahn Metcalfe Sainato treating people like they are dumb. They know what is best for Conklin Hanna Metzgar Sankey them. Cook Harkins Miccarelli Santora Corbin Harper Millard Saylor We had this question. We went out and did— We did not Corr Harris, A. Miller, B. Schemel authorize the polling because we did not want to hear the Costa, D. Heffley Milne Snyder results. But the polling has been done. The jury is in. There are Cox Helm Moul Sonney things going on in our municipalities and counties where they Culver Hickernell Mullery Staats Cutler Hill Murt Stephens need to be able to take some steps to protect the health, safety, Day Irvin Mustio Tallman and welfare of its residents. Let us not trample on that. The data, Deasy Jozwiak Nelson Tobash the data is in. Thank you. Delozier Kampf Nesbit Toepel The SPEAKER. Members, the amendment is on the issue DeLuca Kaufer Neuman Toohil Diamond Kauffman O'Neill Topper that deals with who is an appropriate party for standing. We DiGirolamo Kavulich Oberlander Walsh have many more amendments here. Dowling Keefer Ortitay Ward Representative Dush. Dunbar Keller, F. Peifer Warner Mr. DUSH. Mr. Speaker, just very quickly. This amendment Dush Keller, M.K. Petrarca Wentling Ellis Klunk Petri Wheeland and the others have been addressed. The gentleman from Emrick Knowles Pickett White Philadelphia indicates that we have gotten all this support for it. English Kortz Pyle Zimmerman If that is the case, put the bill up to change the, to amend the Evankovich Kulik Quigley Constitution. I think you will find out where people truly stand. Everett Lawrence Quinn, C. Turzai, Farry Lewis Quinn, M. Speaker Thank you, Mr. Speaker. NOT VOTING–0 On the question recurring, Will the House agree to the amendment? EXCUSED–13

(Members proceeded to vote.) Christiana Hennessey McNeill Simmons Costa, P. James Mehaffie Taylor Fabrizio Mako Rabb Watson LEAVE OF ABSENCE Gergely

The SPEAKER. Representative MEHAFFIE has requested to be placed on leave. Without objection, that will be granted. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. CONSIDERATION OF HB 671 CONTINUED On the question recurring, On the question recurring, Will the House agree to the bill on second consideration? Will the House agree to the amendment?

The SPEAKER. Representative Bradford calls up The following roll call was recorded: amendment 895.

Representative Bradford withdraws amendment 895. YEAS–52

Boyle Dawkins Keller, W. Roebuck On the question recurring, Bradford Dean Kim Samuelson Will the House agree to the bill on second consideration? 618 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Ms. KRUEGER offered the following amendment Daley Gainey Neilson Vitali No. A00909: Davidson Galloway O'Brien Warren Davis Harris, J. Pashinski Wheatley Dawkins Keller, W. Ravenstahl Youngblood Amend Bill, page 2, line 1, by striking out all of said line and inserting NAYS–138 (a.2) Relief.–[A] (1) Except as set forth in paragraph (2), a person Baker Farry Lewis Rader adversely affected by an ordinance, Barbin Fee Longietti Rapp Amend Bill, page 2, by inserting between lines 7 and 8 Barrar Flynn Mackenzie Readshaw (2) Paragraph (1) does not apply to a challenge of an Benninghoff Fritz Maher Reed action which is: Bernstine Gabler Maloney Reese Bizzarro Gillen Marshall Roae (i) taken by a supermajority of the governing Bloom Gillespie Marsico Roe body of the county, municipality or township; and Boback Godshall Masser Rothman (ii) supported by a collective bargaining Brown, R. Goodman Matzie Rozzi organization representing law enforcement in the county, Burns Greiner McGinnis Ryan municipality or township. Carroll Grove Mentzer Saccone Causer Haggerty Metcalfe Sainato Charlton Hahn Metzgar Sankey On the question, Conklin Hanna Miccarelli Santora Will the House agree to the amendment? Cook Harkins Millard Saylor Corbin Harper Miller, B. Schemel The SPEAKER. On the amendment, Representative Corr Harris, A. Milne Snyder Costa, D. Heffley Moul Sonney Krueger-Braneky, please. Cox Helm Mullery Staats Ms. KRUEGER. Thank you, Mr. Speaker. Culver Hickernell Murt Stephens I rise to offer amendment A00909. Simply put, this Cutler Hill Mustio Tallman amendment would prohibit a challenge to a local ordinance Day Irvin Nelson Tobash Deasy Jozwiak Nesbit Toepel under the provisions of HB 671 if the ordinance is passed by a Delozier Kampf Neuman Toohil supermajority of the governing body of the municipality and if DeLuca Kaufer O'Neill Topper it is supported by a collective-bargaining organization Diamond Kauffman Oberlander Walsh representing law enforcement in the municipality. DiGirolamo Kavulich Ortitay Ward Dowling Keefer Peifer Warner Mr. Speaker, oftentimes in this very chamber we rightfully Dunbar Keller, F. Petrarca Wentling hear praise for the brave women and men who serve on our Dush Keller, M.K. Petri Wheeland local and State Police forces. We trust them to protect us from Ellis Klunk Pickett White various threats every single day. I believe, Mr. Speaker, that if Emrick Knowles Pyle Zimmerman English Kortz Quigley our local governing bodies have the support of local law Evankovich Kulik Quinn, C. Turzai, enforcement when passing an ordinance aimed at reasonable Everett Lawrence Quinn, M. Speaker gun safety, then the ordinances should be free from the challenges that are permitted under HB 671. NOT VOTING–0 This is fundamentally about preserving local ordinances that will make our communities safer, and I would ask my EXCUSED–13 colleagues for their support of this amendment. Christiana Hennessey McNeill Simmons Thank you, Mr. Speaker. Costa, P. James Mehaffie Taylor The SPEAKER. Representative Mark Keller, on the Fabrizio Mako Rabb Watson amendment, please. Gergely Mr. M. KELLER. Thank you, Mr. Speaker. Again we are going for uniformity, and I would encourage a "no" vote. Thank you. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment On the question recurring, was not agreed to. Will the House agree to the amendment? On the question recurring, The following roll call was recorded: Will the House agree to the bill on second consideration?

YEAS–52 The SPEAKER. Representative Krueger-Braneky offers amendment 911, which the clerk will read a summary— That Boyle Dean Kim Roebuck amendment has been withdrawn by Representative Bradford DeLissio Kinsey Samuelson Krueger-Braneky. Briggs Dermody Kirkland Schlossberg Brown, V. Donatucci Krueger Schweyer Representative Rabb withdraws amendment 912. Bullock Driscoll Madden Sims Representative Krueger-Braneky offers amendment 915. Caltagirone Evans Markosek Solomon That has been withdrawn. Cephas Fitzgerald McCarter Sturla Comitta Frankel McClinton Thomas Cruz Freeman Miller, D. Vazquez On the question recurring, Will the House agree to the bill on second consideration?

2017 LEGISLATIVE JOURNAL—HOUSE 619

Ms. DALEY offered the following amendment No. A00917: Bernstine Gillen Marshall Reese Bizzarro Gillespie Marsico Roae Bloom Godshall Masser Roe Amend Bill, page 2, line 1, by striking out all of said line and Boback Goodman Matzie Rothman inserting Brown, R. Greiner McGinnis Rozzi (a.2) Relief.–[A] Burns Grove Mentzer Ryan (1) Except as set forth in paragraph (2), a person Carroll Haggerty Metcalfe Saccone adversely affected by an ordinance, Causer Hahn Metzgar Sainato Amend Bill, page 2, by inserting between lines 7 and 8 Charlton Hanna Miccarelli Sankey (2) Paragraph (1) does not apply to a challenge of an Conklin Harkins Millard Santora action which: Cook Harper Miller, B. Saylor Corbin Harris, A. Milne Schemel (i) bans firearms in polling places; and Corr Heffley Moul Snyder (ii) is taken by a supermajority of the governing Costa, D. Helm Mullery Sonney body of the county, municipality or township. Cox Hickernell Murt Staats Culver Hill Mustio Stephens On the question, Cutler Irvin Nelson Tallman Day Jozwiak Nesbit Tobash Will the House agree to the amendment? Deasy Kampf Neuman Toepel Delozier Kaufer O'Neill Toohil The SPEAKER. On the amendment, Representative Mary Jo DeLuca Kauffman Oberlander Topper Daley is recognized. Diamond Kavulich Ortitay Walsh DiGirolamo Keefer Peifer Ward Ms. DALEY. Thank you, Mr. Speaker. Dowling Keller, F. Petrarca Warner I rise to offer amendment A00917. The amendment would Dunbar Keller, M.K. Petri Wentling exempt local ordinances that ban firearms in polling places as Dush Klunk Pickett Wheeland long as the ordinance was passed by a supermajority of the Ellis Knowles Pyle White Emrick Kortz Quigley Zimmerman governing board. Going to the polls is one of the most important English Kulik Quinn, C. duties that we as citizens perform and it is imperative that voters Evankovich Lawrence Quinn, M. Turzai, feel safe doing so. If a supermajority vote of a municipal board Everett Lewis Rader Speaker or a governing board decides that their residents want the added Farry measure having their polling places be a firearm-free zone, then NOT VOTING–0 they should continue to have that right. This amendment is limited to polling places, and the EXCUSED–13 amendment would only impact residents living and registered in those communities and polling places. So it cannot logically be Christiana Hennessey McNeill Simmons argued that this exemption would add to the confusion of a Costa, P. James Mehaffie Taylor Fabrizio Mako Rabb Watson conflicting firearm law that proponents of the bill argue Gergely residents in this Commonwealth would suffer from. Thank you. The SPEAKER. Thank you. Representative Mark Keller, on the amendment, please. Less than the majority having voted in the affirmative, the Mr. M. KELLER. Again, uniformity. I would encourage a question was determined in the negative and the amendment "no" vote. Thank you. was not agreed to.

On the question recurring, On the question recurring, Will the House agree to the amendment? Will the House agree to the bill on second consideration?

The following roll call was recorded: Mr. SIMS offered the following amendment No. A00922:

YEAS–51 Amend Bill, page 1, lines 7 through 9, by striking out all of said lines and inserting Boyle Dean Kim Samuelson Section 1. Section 6120(a.2), (a.3) and (b) of Title 18 of the Bradford DeLissio Kinsey Schlossberg Briggs Dermody Kirkland Schweyer Pennsylvania Consolidated Statutes are reenacted and amended and the Brown, V. Donatucci Krueger Sims section is amended by adding a subsection to read: Bullock Driscoll Madden Solomon Amend Bill, page 2, line 8, by inserting a bracket before "(a.3) " Caltagirone Evans Markosek Sturla Amend Bill, page 2, line 8, by striking out the bracket before "A" Cephas Fitzgerald McCarter Thomas Amend Bill, page 2, lines 8 through 11, by striking out "] If a Comitta Frankel McClinton Vazquez person adversely" in line 8, all of lines 9 and 10 and "the" in line 11 Cruz Freeman Miller, D. Vitali Amend Bill, page 2, line 11, by striking out the bracket before Daley Gainey Neilson Warren "a" Davidson Galloway O'Brien Wheatley Davis Harris, J. Pashinski Youngblood Amend Bill, page 2, line 11, by striking out "] the" Dawkins Keller, W. Roebuck Amend Bill, page 2, line 19, by inserting after "court." ] NAYS–139 (a.4) Court costs.– (1) A court shall award reasonable expenses to the Baker Fee Longietti Rapp person adversely affected in an action under subsection (a.2) for Barbin Flynn Mackenzie Ravenstahl any of the following: Barrar Fritz Maher Readshaw (i) A final determination by the court is granted Benninghoff Gabler Maloney Reed 620 LEGISLATIVE JOURNAL—HOUSE APRIL 25

in favor of the person adversely affected. The following roll call was recorded: (ii) The regulation in question is rescinded, repealed or otherwise abrogated after suit has been filed YEAS–54 under subsection (a.2) but before the final determination by the court. Boyle DeLissio Kinsey Roebuck (2) A court shall award a political subdivision that Bradford Dermody Kirkland Samuelson prevails in an action under subsection (a.2) all of the following: Briggs Donatucci Krueger Schlossberg (i) Costs associated with the litigation to defend Brown, V. Driscoll Kulik Schweyer the ordinance. Bullock Evans Madden Sims (ii) Attorney fees. Caltagirone Fitzgerald Markosek Solomon Cephas Frankel McCarter Sturla (iii) Other costs or damages the court finds Comitta Freeman McClinton Thomas reasonably necessary. Cruz Gainey Miller, D. Vazquez Daley Galloway Neilson Vitali On the question, Davidson Hanna O'Brien Warren Will the House agree to the amendment? Davis Harris, J. Pashinski Wheatley Dawkins Keller, W. Ravenstahl Youngblood Dean Kim The SPEAKER. On the amendment, Representative Sims is recognized. NAYS–136 Mr. SIMS. Thank you, Mr. Speaker. Mr. Speaker, as it is written now, HB 671 provides for an Baker Farry Mackenzie Rapp Barbin Fee Maher Readshaw award of expenses to a person or the NRA when they prevail on Barrar Flynn Maloney Reed an action under this law, but it does not extend those same Benninghoff Fritz Marshall Reese privileges to municipalities when they win. Lawsuits under this Bernstine Gabler Marsico Roae bill, as we have already seen, can be really costly and Bizzarro Gillen Masser Roe Bloom Gillespie Matzie Rothman time-consuming for municipalities, and this amendment Boback Godshall McGinnis Rozzi provides for the award of costs and damages to a municipality Brown, R. Goodman Mentzer Ryan that ultimately prevails. This amendment allows municipalities Burns Greiner Metcalfe Saccone to recoup some of those costs if a court determines that the Carroll Grove Metzgar Sainato Causer Haggerty Miccarelli Sankey municipality was in the right and only when a court determines Charlton Hahn Millard Santora that the municipality was in the right, and I ask for my Conklin Harkins Miller, B. Saylor colleagues' support. Cook Harper Milne Schemel The SPEAKER. Representative Mark Keller, on the Corbin Harris, A. Moul Snyder Corr Heffley Mullery Sonney amendment, please. Costa, D. Helm Murt Staats Mr. M. KELLER. Thank you, Mr. Speaker. Cox Hickernell Mustio Stephens The amendment actually creates a financial penalty to those Culver Hill Nelson Tallman who are trying to bring suit, and it deters lawsuits by lawful gun Cutler Irvin Nesbit Tobash Day Jozwiak Neuman Toepel owners who seek to challenge local ordinances. So that, Deasy Kampf O'Neill Toohil I believe, in good faith would be in preemption and uniformity, Delozier Kaufer Oberlander Topper and I would encourage a "no" vote. Thank you. DeLuca Kauffman Ortitay Walsh The SPEAKER. Representative Sims, for the second time. Diamond Kavulich Peifer Ward DiGirolamo Keefer Petrarca Warner Mr. SIMS. Mr. Speaker, but by that logic the opposite would Dowling Keller, F. Petri Wentling also be true. We are saying here that people can bring claims Dunbar Keller, M.K. Pickett Wheeland unencumbered, and if they win, they get the money back, and if Dush Klunk Pyle White they lose, oh, well. But municipalities will always be Ellis Knowles Quigley Zimmerman Emrick Kortz Quinn, C. encumbered with the costs here. That means that a person could English Lawrence Quinn, M. Turzai, bring a case against a municipality that they know they will not Evankovich Lewis Rader Speaker succeed on and the municipality is still going to have to spend Everett Longietti the money. We hear every single day in here about the extreme costs that NOT VOTING–0 municipalities have to face with respect to litigation, and I think EXCUSED–13 that what we are doing right here is we are giving a pass to the NRA to be able to collect money from our municipalities and Christiana Hennessey McNeill Simmons we are not giving our municipalities the ability to defend Costa, P. James Mehaffie Taylor themselves and not have to expend the costs to do so. Fabrizio Mako Rabb Watson Gergely

On the question recurring, Will the House agree to the amendment? Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to.

2017 LEGISLATIVE JOURNAL—HOUSE 621

On the question recurring, Davis Harris, J. Ravenstahl Youngblood Will the House agree to the bill on second consideration? Dawkins Keller, W. Roebuck

NAYS–139 Mrs. DAVIDSON offered the following amendment No. A00926: Baker Fee Longietti Rader Barbin Flynn Mackenzie Rapp Amend Bill, page 2, line 1, by striking out all of said line and Barrar Fritz Maher Readshaw inserting Benninghoff Gabler Maloney Reed Bernstine Gillen Markosek Reese (a.2) Relief.–[A] Bizzarro Gillespie Marshall Roae (1) Except as set forth in paragraph (2), a person Bloom Godshall Marsico Roe adversely affected by an ordinance, Boback Goodman Masser Rothman Amend Bill, page 2, by inserting between lines 7 and 8 Brown, R. Greiner Matzie Rozzi (2) Paragraph (1) does not apply to a challenge of a Burns Grove McGinnis Ryan prohibition of the possession of a firearm by an individual Carroll Haggerty Mentzer Saccone convicted of an offense under section 4304 (relating to Causer Hahn Metcalfe Sainato endangering welfare of children) or 4305 (relating to dealing in Charlton Hanna Metzgar Sankey Conklin Harkins Miccarelli Santora infant children). Cook Harper Millard Saylor Corbin Harris, A. Miller, B. Schemel On the question, Corr Heffley Milne Snyder Will the House agree to the amendment? Costa, D. Helm Moul Sonney Cox Hickernell Mullery Staats Culver Hill Murt Stephens The SPEAKER. On the amendment, Representative Margo Cutler Irvin Mustio Tallman Davidson, amendment 926. Day Jozwiak Nelson Tobash Mrs. DAVIDSON. Thank you, Mr. Speaker. Deasy Kampf Nesbit Toepel Delozier Kaufer Neuman Toohil I would ask my esteemed colleagues to join me in supporting DeLuca Kauffman O'Neill Topper this amendment, which is a uniform amendment because it Diamond Kavulich Oberlander Walsh would apply to everyone under the act if it were to pass and be DiGirolamo Keefer Ortitay Ward signed into law by the Governor. Dowling Keller, F. Peifer Warner Dunbar Keller, M.K. Petrarca Wentling This amendment exempts ordinances that add endangering Dush Klunk Petri Wheeland the welfare of children and infant children as a disqualifying Ellis Knowles Pickett White offense for ownership of a firearm. We already restrict felons in Emrick Kortz Pyle Zimmerman certain instances, and in this particular instance, these English Kulik Quigley Evankovich Lawrence Quinn, C. Turzai, individuals have already proven to be dangerous individuals Everett Lewis Quinn, M. Speaker against our most vulnerable citizens – our children and infant Farry youth, infant babies who cannot defend themselves. So I would ask my colleagues to join me in protecting NOT VOTING–0 society from such heinous individuals that would harm our most vulnerable children and infant babies. EXCUSED–13

Thank you, Mr. Speaker. Christiana Hennessey McNeill Simmons The SPEAKER. Thank you. Costa, P. James Mehaffie Taylor Representative Mark Keller, on the amendment, please. Fabrizio Mako Rabb Watson Mr. M. KELLER. Thank you, Mr. Speaker. Gergely The law already states, Federal and State law already provides who is prohibited from possessing a firearm due to criminal conviction. This amendment is not needed. I would Less than the majority having voted in the affirmative, the encourage a "no" vote. Thank you. question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the amendment? On the question recurring, Will the House agree to the bill on second consideration? The following roll call was recorded: The SPEAKER. Representative Youngblood has withdrawn YEAS–51 amendment 924. Representative Wheatley has withdrawn amendment 918. Boyle Dean Kim Samuelson Representative Daley calls up amendment 928, 928. That is Bradford DeLissio Kinsey Schlossberg going to be withdrawn. Amendment 928 has been withdrawn. Briggs Dermody Kirkland Schweyer Brown, V. Donatucci Krueger Sims Representative Comitta calls up amendment 995, a summary Bullock Driscoll Madden Solomon of which the clerk will read. Amendment 995 has been Caltagirone Evans McCarter Sturla withdrawn by Representative Comitta. Cephas Fitzgerald McClinton Thomas Comitta Frankel Miller, D. Vazquez Cruz Freeman Neilson Vitali On the question recurring, Daley Gainey O'Brien Warren Will the House agree to the bill on second consideration? Davidson Galloway Pashinski Wheatley 622 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Mrs. COMITTA offered the following amendment The following roll call was recorded: No. A00997: YEAS–50 Amend Bill, page 2, line 1, by striking out all of said line and inserting Boyle Dean Kim Samuelson (a.2) Relief.–[A] Bradford DeLissio Kinsey Schlossberg (1) Except as set forth in paragraph (2), a person Briggs Dermody Kirkland Schweyer Brown, V. Donatucci Krueger Sims adversely affected by an ordinance, Bullock Driscoll Madden Solomon Amend Bill, page 2, by inserting between lines 7 and 8 Caltagirone Evans McCarter Sturla (2) Paragraph (1) does not apply to a challenge of an Cephas Fitzgerald McClinton Thomas action that bans firearms on public property, including, but not Comitta Frankel Miller, D. Vazquez limited to, county, municipal or township buildings, parks and Cruz Freeman Neilson Vitali playgrounds, libraries or schools. Daley Gainey O'Brien Warren Davidson Galloway Pashinski Wheatley Davis Harris, J. Roebuck Youngblood On the question, Dawkins Keller, W. Will the House agree to the amendment? NAYS–141 The SPEAKER. Representative Comitta, on the amendment, please. Baker Fee Mackenzie Rapp Barbin Flynn Maher Ravenstahl Mrs. COMITTA. Thank you, Mr. Speaker. Barrar Fritz Maloney Readshaw I rise to offer amendment A00997. This amendment exempts Benninghoff Gabler Markosek Reed ordinances that prohibit firearms in public places such as Bernstine Gillen Marshall Reese government buildings, parks, schools, and libraries. As former Bizzarro Gillespie Marsico Roae Bloom Godshall Masser Roe mayor of West Chester, I am well acquainted with the Boback Goodman Matzie Rothman importance of giving municipalities that ability to govern Brown, R. Greiner McGinnis Rozzi themselves. No one knows what is best for their community Burns Grove Mehaffie Ryan than community members themselves. As a person elected to Carroll Haggerty Mentzer Saccone Causer Hahn Metcalfe Sainato serve those communities, I have a responsibility to make sure Charlton Hanna Metzgar Sankey they are safe. Passing this preemption would hamper my ability Conklin Harkins Miccarelli Santora to perform my job. Cook Harper Millard Saylor There is a history of firearm violence in public offices in this Corbin Harris, A. Miller, B. Schemel Corr Heffley Milne Snyder Commonwealth. On August 5, 2013, in Saylorsburg, Costa, D. Helm Moul Sonney Pennsylvania, a gunman opened fire during a Ross Township Cox Hickernell Mullery Staats meeting, tragically killing three people and injuring three others. Culver Hill Murt Stephens Having the ability to decide that firearms are not permitted Cutler Irvin Mustio Tallman Day Jozwiak Nelson Tobash on public property is a public safety policy that should be an Deasy Kampf Nesbit Toepel option for municipalities to exercise without fear of being Delozier Kaufer Neuman Toohil bankrupted. No town should be forced to choose between DeLuca Kauffman O'Neill Topper protecting the physical or fiscal health of its community. Diamond Kavulich Oberlander Walsh DiGirolamo Keefer Ortitay Ward I ask my colleagues to support this amendment. Dowling Keller, F. Peifer Warner The SPEAKER. Representative Mark Keller, on the Dunbar Keller, M.K. Petrarca Wentling amendment, please. Dush Klunk Petri Wheeland Mr. M. KELLER. Thank you, Mr. Speaker. Ellis Knowles Pickett White Emrick Kortz Pyle Zimmerman Again, I will say uniformity with the piece of legislation that English Kulik Quigley is being addressed here. I would encourage a "no" vote. Thank Evankovich Lawrence Quinn, C. Turzai, you. Everett Lewis Quinn, M. Speaker Farry Longietti Rader

LEAVE OF ABSENCE CANCELED NOT VOTING–0

The SPEAKER. Representative Mehaffie is on the House EXCUSED–12 floor and should be placed back on the master roll. Christiana Gergely Mako Simmons Costa, P. Hennessey McNeill Taylor CONSIDERATION OF HB 671 CONTINUED Fabrizio James Rabb Watson

On the question recurring, Will the House agree to the amendment? Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to.

2017 LEGISLATIVE JOURNAL—HOUSE 623

On the question recurring, Benninghoff Gillen Marshall Reed Will the House agree to the bill on second consideration? Bernstine Gillespie Marsico Reese Bloom Godshall Masser Roae Boback Goodman Matzie Roe Ms. DALEY offered the following amendment No. A00999: Brown, R. Greiner McGinnis Rothman Burns Grove Mehaffie Rozzi Amend Bill, page 2, line 1, by striking out all of said line and Carroll Haggerty Mentzer Ryan inserting Causer Hahn Metcalfe Saccone Charlton Hanna Metzgar Sainato (a.2) Relief.–[A] Conklin Harkins Miccarelli Sankey (1) Except as set forth in paragraph (2), a person Cook Harper Millard Santora adversely affected by an ordinance, Corbin Harris, A. Miller, B. Saylor Amend Bill, page 2, by inserting between lines 7 and 8 Corr Heffley Milne Schemel (2) Paragraph (1) does not apply to a challenge of an Costa, D. Helm Moul Snyder action that prohibits the possession of firearms in public parks Cox Hickernell Mullery Sonney and playgrounds. Culver Hill Murt Staats Cutler Irvin Mustio Stephens Day Jozwiak Nelson Tallman On the question, Deasy Kampf Nesbit Tobash Will the House agree to the amendment? Delozier Kaufer Neuman Toepel DeLuca Kauffman O'Neill Toohil Diamond Kavulich Oberlander Topper The SPEAKER. On the amendment, Representative Daley. DiGirolamo Keefer Ortitay Walsh Ms. DALEY. Thank you, Mr. Speaker. Dowling Keller, F. Peifer Ward I rise in support— Well, I am offering amendment A00999 Dunbar Keller, M.K. Petrarca Warner in particular because I have a municipality, Lower Merion Dush Klunk Petri Wentling Ellis Knowles Pickett Wheeland Township, that had such an ordinance and was sued by the NRA Emrick Kortz Pyle White under the earlier law that was declared unconstitutional. They English Kulik Quigley Zimmerman have followed through with challenges, and that bill is currently Evankovich Lawrence Quinn, C. in the Supreme Court. Everett Lewis Quinn, M. Turzai, Farry Longietti Rader Speaker I received a letter today from the township manager asking Fee Mackenzie me to support this legislation. It would prohibit guns in their parks and playgrounds. Lower Merion Township has a number NOT VOTING–0 of parks and playgrounds that are all surrounded heavily by homes. It is a very densely populated municipality and heavily EXCUSED–12 used by children, joggers, etc. So I stand and ask that you vote Christiana Gergely Mako Simmons in favor of this amendment, A00999. Thank you. Costa, P. Hennessey McNeill Taylor The SPEAKER. Representative Mark Keller, on the Fabrizio James Rabb Watson amendment, please. Mr. M. KELLER. Thank you, Mr. Speaker. Again, uniformity. I would appreciate a "no" vote. Thank Less than the majority having voted in the affirmative, the you. question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the amendment? On the question recurring, Will the House agree to the bill on second consideration? The following roll call was recorded: The SPEAKER. Members, we do not have any other YEAS–51 amendments listed with respect to HB 671. Are there any amendments that we are missing that still need Bizzarro Dawkins Keller, W. Samuelson Boyle Dean Kim Schlossberg to be offered? Bradford DeLissio Kinsey Schweyer We understand that all other amendments have been Briggs Dermody Kirkland Sims withdrawn. Brown, V. Donatucci Krueger Solomon Bullock Driscoll Madden Sturla Caltagirone Evans McCarter Thomas On the question recurring, Cephas Fitzgerald McClinton Vazquez Will the House agree to the bill on second consideration? Comitta Frankel Miller, D. Vitali Bill was agreed to. Cruz Freeman Neilson Warren Daley Gainey O'Brien Wheatley Davidson Galloway Pashinski Youngblood STATEMENT BY MR. THOMAS Davis Harris, J. Roebuck The SPEAKER. On unanimous consent, Representative NAYS–140 Thomas, for what do you rise, sir?

Baker Flynn Maher Rapp Mr. THOMAS. Personal privilege, Mr. Speaker. Barbin Fritz Maloney Ravenstahl The SPEAKER. Yes, sir. You may proceed. Barrar Gabler Markosek Readshaw

624 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Mr. THOMAS. I want to thank the author of HB 671, and The SPEAKER. Sir, it is past precedent. It is not explicit in I want to thank all of the members on this side that stuck the rules, but it is past precedent. And it also just makes sense; it together and were lockstep with the author of the bill. I just just makes sense, common sense. wish we had that on this side. Here is what we will do. I am going to let you at this time Thank you, Mr. Speaker. proceed with your argument, but when you move to suspend, I am going to rule it out of order. But please proceed with— BILL ON THIRD CONSIDERATION But if you want to move to suspend right now for any of the amendments, you are in order and you may do so. The House proceeded to third consideration of HB 409, Mr. VITALI. May I approach and we can discuss this? I am PN 1235, entitled: a little confused because this has been done before. The SPEAKER. You may approach. An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, in preliminary (Conference held at Speaker's podium.) provisions, further providing for definitions and for Uniform Construction Code Review and Advisory Council and providing for review of updated sections and adoption of updated sections into LEAVE OF ABSENCE CANCELED Uniform Construction Code; in Uniform Construction Code, further providing for revised or successor codes; in adoption and enforcement by municipalities, further providing for administration and The SPEAKER. Representative Paul Costa is on the House enforcement; in training and certification of inspectors, further floor and he should be placed back on the master roll. providing for education and training programs; and, in exemptions, applicability and penalties, further providing for applicability to certain Members, please take your seats. buildings.

On the question, CONSIDERATION OF HB 409 CONTINUED Will the House agree to the bill on third consideration? MOTION TO SUSPEND RULES The SPEAKER. Members, there are some late-filed amendments. I understand that they are all offered by The SPEAKER. Representative Vitali does have six Representative Vitali. amendments. He is going to make a motion to suspend and will Representative Krueger-Braneky, you wish to be recognized, have an opportunity to speak with respect to the motion to though, on unanimous consent? I have to deal with some suspend. amendments first; then as soon as I deal with those, I will make Sir, you may proceed. sure that I get you on the bill. Mr. VITALI. Thank you, Mr. Speaker. Representative Vitali, sir, you have filed six amendments. It is really only my intention to make a motion to suspend on They all would need a motion to suspend to get a vote on those one amendment, and that is the one I filed today, which is amendments because we are on third consideration. Sir, they are A1015. So I would so move to suspend for immediate amendments 702, 703, 704, 705, 706, and 1015. Are there any consideration of amendment 1015 and would like to make of those that you wish to move to suspend for? argument on that. Mr. VITALI. At the moment I am rising to speak on final The SPEAKER. Yes, sir. passage. In the course of this, I may choose to offer one of those And just for the record, our clerk will give us a summary of amendments after I speak on final passage. amendment 1015, and then we will have a motion to suspend The SPEAKER. Sir, the only thing is, for us to proceed, argument on that. I would have to handle the amendments first and then ask you If you could read that for us, please. to— Mr. VITALI. To be clear, I think what I am rising for now is The clerk read the following amendment No. A01015: to speak in opposition to the bill. But I am reserving my right, after I have made arguments against the bill, to move to suspend Amend Bill, page 18, line 18, by striking out "two-thirds" and the rules to consider an amendment that in fact is out of order. inserting This actually has been done. I have seen this done many times, a majority and that is my intent on how to proceed. Amend Bill, page 22, lines 24 and 25, by striking out "two- The SPEAKER. Sir, the past precedent has been that on an thirds" amendment that has been filed we have to address the The SPEAKER. Okay. Now, this is on third consideration, amendments first, which would require a motion to suspend. so it would need a motion to suspend. I could order them— I mean, I could rule that they are all out of order given the fact that they are late-filed. I am giving you an On the question, opportunity to move to suspend to consider any of these Will the House agree to the motion? amendments before I would make that ruling.

Mr. VITALI. I am not making the motion to suspend right The SPEAKER. Representative Vitali, you may proceed on now, but I may make it at a later date. I am not sure what rule the motion. precludes me at any point in the proceeding from making a Mr. VITALI. Right. So essentially what the amendment does motion to suspend the rules. Right now I simply want to speak with regard to our building codes is when we are adopting the against the bill, get my arguments out, and then— triennial codes of the International Building Code, it only

2017 LEGISLATIVE JOURNAL—HOUSE 625 requires a simple majority of our RAC (Review and Advisory Boback Greiner Metcalfe Ryan Council), our advisory committee. Right now it requires a Brown, R. Grove Metzgar Saccone Burns Hahn Miccarelli Sainato two-thirds vote, so this would simply change that to a simple Causer Harper Millard Sankey majority. Charlton Harris, A. Miller, B. Santora And the importance of this is that we in Pennsylvania are Cook Heffley Milne Saylor still operating under 2009 codes. Our current system is broken Corbin Helm Moul Schemel Corr Hickernell Mullery Sonney because we have an advisory committee that really has failed to Cox Hill Murt Staats reach its two-thirds majority with regard to the approval of the Culver Irvin Mustio Stephens 2012 codes and the 2015 codes. The problem is, this puts the Cutler Jozwiak Nelson Tallman health and safety of those occupying Pennsylvania buildings at Day Kampf Nesbit Tobash Delozier Kaufer Neuman Toepel risk because we are not using the safest procedures. One Diamond Kauffman O'Neill Toohil member had mentioned from IBEW (International Brotherhood DiGirolamo Keefer Oberlander Topper of Electrical Workers) the fact that aluminum wiring versus Dowling Keller, F. Ortitay Walsh copper wiring before that was updated created a risk of fire, Dunbar Keller, M.K. Peifer Ward Dush Klunk Petrarca Warner which really put lives at risk. So this is one of the most Ellis Knowles Petri Wentling frequently cited problems of this code, the fact that we continue Emrick Lawrence Pickett Wheeland to build in Philadelphia under 2009 codes. English Lewis Pyle White So this would solve the most serious problems. So it is Evankovich Longietti Quigley Zimmerman Everett Mackenzie Quinn, C. important that we be in a position to make this tweak, and Farry Maher Quinn, M. Turzai, I would ask us to suspend so we can consider this. Fee Maloney Rader Speaker The SPEAKER. On the motion to suspend, Representative Flynn Evankovich. Mr. EVANKOVICH. Thank you, Mr. Speaker. NOT VOTING–0

Mr. Speaker, I respectfully ask the members to oppose the EXCUSED–11 motion to suspend the rules. As the maker of the motion noted, the current RAC process Christiana Hennessey McNeill Taylor is broken. HB 409 in its form on final passage fixes the process Fabrizio James Rabb Watson that is broken in the RAC, and a suspension of the rules is Gergely Mako Simmons unnecessary to give this unelected body the weight of law by a simple majority rather than the two-thirds threshold that this body and the legislature and Governor have previously Less than a majority of the members required by the rules established. I please ask for a "no" vote. having voted in the affirmative, the question was determined in the negative and the motion was not agreed to. On the question recurring, Will the House agree to the motion? On the question recurring, Will the House agree to the bill on third consideration? The following roll call was recorded: The SPEAKER. It is my understanding the other late-filed YEAS–69 amendments are withdrawn. We are now going to get to debate on the bill. It is HB 409, Bizzarro Dean Kavulich Ravenstahl PN 1235. Boyle Deasy Keller, W. Readshaw Bradford DeLissio Kim Roebuck On the question recurring, Briggs DeLuca Kinsey Rozzi Brown, V. Dermody Kirkland Samuelson Will the House agree to the bill on third consideration? Bullock Donatucci Kortz Schlossberg Bill was agreed to. Caltagirone Driscoll Krueger Schweyer Carroll Evans Kulik Sims (Bill analysis was read.) Cephas Fitzgerald Madden Snyder Comitta Frankel Markosek Solomon Conklin Freeman Matzie Sturla The SPEAKER. This bill has been considered on three Costa, D. Gainey McCarter Thomas different days and agreed to and is now on final passage. Costa, P. Goodman McClinton Vazquez The question is, shall the bill pass finally? Cruz Haggerty Miller, D. Vitali Daley Hanna Neilson Warren Davidson Harkins O'Brien Wheatley Representative Freeman. The Chair recognizes Davis Harris, J. Pashinski Youngblood Representative Krueger-Braneky. Actually, I called on you first. Dawkins Representative Krueger-Braneky and then Representative

NAYS–123 Freeman. Ms. KRUEGER. Mr. Speaker, I rise today in opposition to Baker Fritz Marshall Rapp HB 409. While I would be happy to support legislation that Barbin Gabler Marsico Reed truly fixes our broken building codes, this bill is not it. Barrar Galloway Masser Reese Right now Pennsylvania is operating under old codes that Benninghoff Gillen McGinnis Roae Bernstine Gillespie Mehaffie Roe were started to be developed in 2006. That means that any Bloom Godshall Mentzer Rothman building technology developed in the past 10 years is not 626 LEGISLATIVE JOURNAL—HOUSE APRIL 25 addressed in our current Pennsylvania Uniform Construction Mr. EVANKOVICH. Thank you, Mr. Speaker. Code. That means that we are not using the most current Mr. Speaker, I respectfully ask membership's support of technology that would keep us safe or prevent fires from HB 409. I respect the members who spoke in opposition to the spreading or to help us save money on our energy bills. bill for their cited reasons, but I think some of the reasons that Fundamentally, Mr. Speaker, HB 409 is bad for worker safety, were given are addressed in HB 409, specifically that HB 409 bad for our first responders, and bad for energy efficiency provides an immediate process for reviewing any code that was because it delays the adoption of the most recent building codes not previously adopted or reviewed in Pennsylvania, an by almost 5 years. immediate review. This bill is opposed by an unlikely coalition that includes And it is important for the members to understand that codes IBEW 98, the Delaware Valley Green Building Council, the are just a minimum. Uniform construction codes are a Sustainable Business Network of Greater Philadelphia, and the minimum, and these codes are not developed by angels who Philadelphia Physicians for Social Responsibility. When we descended to earth from heaven. These codes are established by have labor unions, business owners, and doctors coming people who have a vested interest in the code, an agenda one together to oppose a bill, Mr. Speaker, it is something we need way or another. Sometimes it is altruistic, but more often than to pay attention to. not, these codes require a second look and that is why we I ask my colleagues to vote "no" on HB 409. Thank you. established the RAC in the first place. The one-size-fits-all The SPEAKER. Thank you. approach typically does not work in Pennsylvania. Representative Freeman, on the bill, please. But it is important to remember that these codes are a Mr. FREEMAN. Thank you, Mr. Speaker. minimum. HB 409 creates a non-agenda-driven process for Mr. Speaker, I rise to oppose HB 409. adopting those codes, and it is a delicate negotiation, not just I think one of the glaring flaws of this legislation is that it between the Builders Association who stands up for the keeps intact the two-thirds vote required by the Review and consumers in Pennsylvania, but also environmentalist groups, Advisory Council, or RAC as it is known, to adopt changes and local government groups, labor unions, companies that are in updates to the Uniform Construction Code. That gives builders the industry of making products that are sold for residential and on the RAC a built-in veto for all updates. That is very commercial construction. self-serving and inappropriate for establishing policy that deals It is a good step in the right direction for fixing this process with the Uniform Construction Code meant to guarantee safety in Pennsylvania, and I ask for an affirmative vote. in construction, meant to guarantee advances in energy cost savings, and meant to guarantee good solid construction. On the question recurring, The Builders Association was one of the strongest advocates Shall the bill pass finally? for the UCC code being adopted. They wanted uniformity The SPEAKER. Agreeable to the provisions of the throughout all the municipalities. But through this two-thirds Constitution, the yeas and nays will now be taken. vote requirement, they have been able to block essential updates that are critical to good construction. The following roll call was recorded: As it stands now, we are operating under the 2009 UCC codes. We are lagging behind in terms of having the best YEAS–116 state-of-the-art code provisions in place here in Pennsylvania. That hinders Pennsylvania staying in step with UCC advances Baker Fee Maloney Reese Barbin Fritz Markosek Roae and standards, and keeping a veto in place for the builders Barrar Gabler Marshall Roe hinders our communities. Benninghoff Gillen Marsico Rothman In addition, another flaw in this bill is not all municipalities Bernstine Gillespie Masser Rozzi are actually represented on the RAC. Townships of the first Bloom Godshall McGinnis Ryan Boback Greiner Mehaffie Saccone class do not have a seat at the table. Townships of the first class Brown, R. Grove Mentzer Sainato are some of the more populated municipalities within our Burns Hahn Metcalfe Sankey Commonwealth. First-class townships are densely populated Causer Harper Metzgar Saylor and there are over 90 of them throughout our Commonwealth. Charlton Harris, A. Millard Schemel Cook Helm Miller, B. Schlossberg They do not have a seat at the table, which is truly an injustice Corbin Hickernell Milne Sonney in terms of making sure that all our local government officials Corr Hill Moul Staats are heard on UCC policy. Cox Irvin Mustio Tallman HB 409 in its current form represents a missed opportunity to Culver Jozwiak Nesbit Tobash Cutler Kampf O'Neill Toepel promote state-of-the-art building standards, energy efficiencies, Davidson Kaufer Oberlander Toohil and safety standards and miss the chance to improve the review Day Kauffman Ortitay Topper and adoption process so that no special interest group has a veto Delozier Keefer Peifer Vazquez power over good UCC policy here in Pennsylvania. This bill is Diamond Keller, F. Petrarca Walsh Dowling Keller, M.K. Petri Ward woefully inadequate to the needs for good UCC policy and Dunbar Kirkland Pickett Warner up-to-date codes. I urge a "no" vote. Dush Klunk Pyle Wentling The SPEAKER. Representative Evankovich, on the bill, Ellis Knowles Quigley Wheeland please. Emrick Lawrence Quinn, M. Zimmerman

2017 LEGISLATIVE JOURNAL—HOUSE 627

English Lewis Rader SUPPLEMENTAL CALENDAR B Evankovich Longietti Rapp Turzai, Everett Mackenzie Reed Speaker Farry Maher BILL ON THIRD CONSIDERATION

NAYS–76 The House proceeded to third consideration of HB 438, PN 454, entitled: Bizzarro DeLissio Kavulich Pashinski Boyle DeLuca Keller, W. Quinn, C. An Act amending the act of April 12, 1951 (P.L.90, No.21), Bradford Dermody Kim Ravenstahl known as the Liquor Code, in preliminary provisions, further providing Briggs DiGirolamo Kinsey Readshaw for definitions; and, in licenses and regulations and liquor, alcohol and Brown, V. Donatucci Kortz Roebuck malt and brewed beverages, providing for spirit expanded permits. Bullock Driscoll Krueger Samuelson Caltagirone Evans Kulik Santora Carroll Fitzgerald Madden Schweyer On the question, Cephas Flynn Matzie Sims Will the House agree to the bill on third consideration? Comitta Frankel McCarter Snyder Conklin Freeman McClinton Solomon Costa, D. Gainey Miccarelli Stephens The SPEAKER. I apologize, but that is the bills we are Costa, P. Galloway Miller, D. Sturla running at this time. But we will be getting to the other bills Cruz Goodman Mullery Thomas shortly too. Daley Haggerty Murt Vitali Davis Hanna Neilson Warren Dawkins Harkins Nelson Wheatley On the question recurring, Dean Harris, J. Neuman White Will the House agree to the bill on third consideration? Deasy Heffley O'Brien Youngblood Bill was agreed to.

NOT VOTING–0 (Bill analysis was read.)

EXCUSED–11 The SPEAKER. This bill has been considered on three Christiana Hennessey McNeill Taylor different days and agreed to and is now on final passage. Fabrizio James Rabb Watson The question is, shall the bill pass finally? Gergely Mako Simmons Representative Reese, on the bill. Mr. REESE. Thank you, Mr. Speaker. The majority required by the Constitution having voted in Mr. Speaker, HB 438 is a very simple, straightforward bill the affirmative, the question was determined in the affirmative intended to improve customer choice and convenience when and the bill passed finally. purchasing distilled spirits. This bill mirrors language that was Ordered, That the clerk present the same to the Senate for passed in Act 39 of 2016, which made it possible for restaurant concurrence. and hotel license holders to purchase an expanded wine permit and sell up to 3 liters to go. HB 438 uses that same structure, VOTE CORRECTIONS meaning that these same license holders would now be able to purchase an expanded spirit permit and offer up to 3 liters of The SPEAKER. Yes; Representative Stephens, for what do spirits to go. you rise? Mr. Speaker, efforts to make shopping for beer, wine, and Mr. STEPHENS. I just wanted to correct the record, spirits more convenient is not a new topic here in Harrisburg. Mr. Speaker. This bill is consistent with the desires that many of our The SPEAKER. Yes, sir. You may. constituents have communicated to us over the years. On this Mr. STEPHENS. I inadvertently was recorded as "no." accord, I respectfully request a "yes" vote on HB 438. I should have been record as a "yes" on HB 409. Thank you, Mr. Speaker. The SPEAKER. Yes, sir. The SPEAKER. Representative Paul Costa, on this bill, Mr. STEPHENS. Thank you, Mr. Speaker. HB 438. Sir, you may proceed. The SPEAKER. Thank you, sir. Mr. P. COSTA. Thank you, Mr. Speaker. Yes; Representative, for what do you rise? Representative A little more than 8 months ago Act 39 went into operation. Nelson. Act 39 was where we allowed wine to be sold in grocery stores. Mr. NELSON. Thank you, Mr. Speaker. He is trying to do the same thing with this bill in spirits. It has I just wanted to correct, I had an error on my voting and only been active for 8 months, and we have not really had a should be recorded in the positive on the last vote. chance to figure out everything to make sure how everything is The SPEAKER. Okay. In the affirmative? working. So why do we not allow that to play out with the wine Mr. NELSON. Yes. and see where we go from there. I do not think it is a good idea The SPEAKER. And that was on? that we do sell spirits in grocery stores and gas stations and bars Mr. NELSON. HB 409. and taverns, and for my Philly friends, in stop-and-gos. I do not The SPEAKER. Bill 409. HB 409. think this is a good idea. I think the wine is. I am not so sure Mr. NELSON. Yes. about the spirits. I am asking our members to please vote "no." The SPEAKER. That will be reflected in the record. The SPEAKER. The minority Appropriations chair, Joe Mr. NELSON. Thank you, Mr. Speaker. Markosek, on the bill, please. 628 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Mr. MARKOSEK. Thank you, Mr. Speaker. established a Wine and Spirits Wholesale and Retail Mr. Speaker, this is the first bill that actually recognizes Act Privatization Commission. The commission shall research and 39 of 2016, which was a good thing for liquor modernization. make recommendations related to privatizing the wholesale and Act 39 allowed for the sale of wine-to-go. Naturally, the retail wine and spirits operations in this Commonwealth as supporters of this proposal believe, Mr. Speaker, that spirits-to- provided for in this section." And then we go to the end, go will work also. But it will not. Mr. Speaker, "Based on the findings and recommendations in HB 438 would be a total giveaway. Spirits-to-go permits the report issued…the General Assembly shall consider further would be far less popular in the restaurant industry because of reform measures to the Commonwealth's wholesale and retail lower demand, a lower correlation with food preparation, and wine and spirits operations…," Mr. Speaker. higher incidences of theft and underage drinking. Even if the Mr. Speaker, I believe that this commission was never 400, even if the 400 licensees with expanded wine permits formed. The commission was never formed and a report was opted for the expanded spirits permit, it would not raise never given back to the General Assembly, Mr. Speaker. I asked $1 million in license fees. a question in caucus yesterday about whether we should have I ask members to please vote "no" on HB 438. this report before moving forward with these bills. The opinion The SPEAKER. Members, I have two other members to that I got was that it is our legal opinion here in the House that speak on this particular bill. It will be Representative we can move forward with this without the report. My DiGirolamo and Representative Kinsey. understanding is that in the Senate they do not believe the same Representative DiGirolamo, you are recognized, sir. thing, that their legal people believe that the commission has to Mr. DiGIROLAMO. Thank you, Mr. Speaker. be formed and that the report has to be issued before we can Make no mistake about it, Mr. Speaker, if this bill is passed move forward with wholesale or retail privatization, and enacted into law, this will be a major increase in the State of Mr. Speaker. As a matter of fact, last week in the Senate the Pennsylvania when it comes to access to alcohol. names of the members the Senate was submitting to be on the And I just want to give a little bit of history of privatization, commission were read over the table and submitted, the names Mr. Speaker, for a minute. Since I have been in the House here for the people to be on this commission that has not met yet, for the last 22 years – when I first came here in '95, I was put on Mr. Speaker. the Liquor Committee, and the Governor back then, who was a new Governor, Gov. Tom Ridge, wanted to make privatization a MOTION TO RECOMMIT priority, and the reason he could not get it done, Mr. Speaker, was because there were a large number of Republicans who Mr. DiGIROLAMO. Mr. Speaker, I have a lot of concerns. would not vote for privatization because they were concerned, I think we ought to err on the side of caution, especially when it and rightfully so, about the increased access of alcohol here in comes to Act 39, and for those reasons I would like to be the State of Pennsylvania. recognized to make a motion. And when I look at the groups that oppose not only this bill, The SPEAKER. Yes, sir. You may make a motion. 438, but the other three bills that we have here, Mr. Speaker, Mr. DiGIROLAMO. Mr. Speaker, I move that we refer look at the groups that are opposed: The F.O.P. has sent out a HB 438 back to the Liquor Committee until the provisions in letter of opposition. The men and women who protect us, active Act 39 are provided; that is, forming a commission and a report and retired members of the F.O.P. who see the problems that is led back to the General Assembly on recommendations on alcohol causes each and every day throughout this whether this is a good idea or a bad idea. Commonwealth, they are opposed. Our professional firefighters Thank you, Mr. Speaker. are opposed. The DUI Association is opposed. The groups that do the drug and alcohol treatment are opposed to this bill and On the question, the other bill. Will the House agree to the motion? Mr. Speaker, I say this all the time: alcohol by far is still the number one abused drug in this Commonwealth. Abused drug – The SPEAKER. Yes, on that, Chairman Harris, on the alcohol is number one. motion to recommit. And we look at the business side of this, Mr. Speaker. This Mr. A. HARRIS. Thank you, Mr. Speaker. makes no good business sense, Mr. Speaker. If these bills are I would encourage all members to oppose the motion to passed, we are going to sell an asset that we have that collects recommit. We did already pass this bill out of the House Liquor our taxes, that puts $175 million of profit each and every year or Committee. Certainly having that information from the study more back into the General Fund, we are going to sell this asset would be helpful, but it is by no means necessary or required to for a one-time fee and then we are not going to get that revenue have that study before we look at doing further things with the coming in every year like we do right now. Liquor Code. And also, Mr. Speaker, I am concerned about the jobs, the So I would again ask the members to oppose the motion to 4,500 to 5,000 jobs that the present State store system supports, recommit HB 438. Mr. Speaker. I see nothing in this bill or the other bills that we are going to vote on, Mr. Speaker, I see nothing in those bills On the question recurring, that addresses those jobs and those hardworking Pennsylvania Will the House agree to the motion? workers who are going to lose their jobs. And, Mr. Speaker, I want to go back; the previous speaker mentioned Act 39. As I look at Act 39, Mr. Speaker, and I go to section 28 when Act 39 was passed, it says, "There is

2017 LEGISLATIVE JOURNAL—HOUSE 629

The following roll call was recorded: On the question recurring, Shall the bill pass finally? YEAS–88 The SPEAKER. I have two other members who wish to Barbin Deasy Keller, W. Petrarca speak on the bill, Representative Kinsey and Representative Barrar DeLissio Kim Quinn, C. Bizzarro DeLuca Kinsey Ravenstahl Sturla. Boyle Dermody Kirkland Readshaw Representative Kinsey, the floor is yours, sir. Bradford DiGirolamo Kortz Roebuck Mr. KINSEY. Thank you, Mr. Speaker. Brown, V. Donatucci Krueger Rozzi Mr. Speaker, I stand in opposition of this bill. Bullock Driscoll Kulik Sainato Burns Evans Longietti Samuelson You know, Mr. Speaker, I represent the city of Philadelphia, Caltagirone Farry Madden Santora and as I look at this bill the way that I understand it, Carroll Fitzgerald Markosek Schlossberg 30,000 establishments in Pennsylvania would qualify to sell Cephas Flynn Matzie Schweyer hard liquor, and, you know, Mr. Speaker, we are all up here Charlton Frankel McCarter Sims Comitta Freeman McClinton Snyder representing our constituents but not one constituent in my Conklin Gainey Mehaffie Solomon legislative district has come to me complaining about lack of Costa, D. Galloway Miccarelli Sturla access to purchase alcohol. Costa, P. Gillen Miller, D. Thomas You know, in fact, Mr. Speaker, recently in the city of Cruz Goodman Mullery Vazquez Daley Haggerty Murt Vitali Philadelphia we have had a series of hearings talking about Davidson Hanna Neilson Warren stop-and-go businesses that sell alcohol throughout our Davis Harkins Neuman Wheatley community and the constituents are talking about how do we Dawkins Harris, J. O'Brien White stop the stop-and-gos from selling this liquor, Mr. Speaker. Dean Kavulich Pashinski Youngblood They are talking about how do we stop these establishments that NAYS–104 are selling shots by the glass, where you just go in, buy a couple of shots, and leave out. They are not asking is it okay to go and Baker Gabler Marshall Reese buy four bottles of hard liquor, Mr. Speaker. In fact, Benninghoff Gillespie Marsico Roae Mr. Speaker, constituents are asking not about where they can Bernstine Godshall Masser Roe Bloom Greiner McGinnis Rothman get more liquor or more hard liquor from, but they are asking Boback Grove Mentzer Ryan what are we doing about expanding increased liquor Briggs Hahn Metcalfe Saccone enforcement. That is what they are talking about, Mr. Speaker. Brown, R. Harper Metzgar Sankey Causer Harris, A. Millard Saylor Cook Heffley Miller, B. Schemel MOTION TO RECOMMIT Corbin Helm Milne Sonney Corr Hickernell Moul Staats Cox Hill Mustio Stephens Mr. KINSEY. So, Mr. Speaker, with that being said, I would Culver Irvin Nelson Tallman like to make a motion. Cutler Jozwiak Nesbit Tobash The SPEAKER. I apologize. Day Kampf O'Neill Toepel Yes, Representative Kinsey, you may proceed, sir. Delozier Kaufer Oberlander Toohil Diamond Kauffman Ortitay Topper Mr. KINSEY. Mr. Speaker, I would like to rerefer this bill to Dowling Keefer Peifer Walsh the Health Committee until we can do a study to ascertain the Dunbar Keller, F. Petri Ward impact that this may have on our communities. Dush Keller, M.K. Pickett Warner Ellis Klunk Pyle Wentling Emrick Knowles Quigley Wheeland On the question, English Lawrence Quinn, M. Zimmerman Will the House agree to the motion? Evankovich Lewis Rader Everett Mackenzie Rapp Turzai, The SPEAKER. Representative Harris, on the motion, Fee Maher Reed Speaker Fritz Maloney please. Mr. A. HARRIS. Thank you, Mr. Speaker. NOT VOTING–0 I, regretfully, will be opposing the motion to recommit. I do feel for the gentleman from Philadelphia and I know that the EXCUSED–11 stop-and-gos are a real problem in the Philadelphia region. The LCB (Liquor Control Board) has so far had three hearings on Christiana Hennessey McNeill Taylor Fabrizio James Rabb Watson the issue. They are going to continue to look at those issues. It Gergely Mako Simmons really is an enforcement issue, so we need more officers on the street and more funding for those officers. But at this time I will have to ask the members to oppose the Less than the majority having voted in the affirmative, the motion to commit to the Health Committee. question was determined in the negative and the motion was not agreed to. On the question recurring, Will the House agree to the motion?

630 LEGISLATIVE JOURNAL—HOUSE APRIL 25

The following roll call was recorded: On the question recurring, Shall the bill pass finally? YEAS–77 The SPEAKER. At this time Representative Sturla waives Barbin Deasy Keller, W. Petrarca off. Bizzarro DeLissio Kim Ravenstahl Boyle DeLuca Kinsey Readshaw Representative Donatucci. Bradford Dermody Kirkland Roebuck Ms. DONATUCCI. Thank you, Mr. Speaker. Brown, V. Donatucci Kortz Rozzi This bill would allow nearly 12,000 licensees to sell Bullock Driscoll Krueger Sainato liquor-to-go with nearly 2,000 of these in Philadelphia. The Burns Evans Kulik Samuelson Caltagirone Fitzgerald Longietti Schlossberg existing system already has insufficient enforcement in Carroll Flynn Madden Schweyer Philadelphia. There is no new money for enforcement despite Cephas Frankel Markosek Sims the dramatic increase of access to alcohol-to-go. The Comitta Freeman Matzie Snyder Philadelphia delegation, as my colleague mentioned, has held Conklin Gainey McCarter Solomon Costa, D. Galloway McClinton Sturla hearings across the city on the issue of stop-and-gos, a slang Costa, P. Goodman Miller, D. Thomas term given to liquor establishments that are manipulating Cruz Haggerty Mullery Vazquez current liquor laws. That has become a huge problem, and now Daley Hanna Neilson Vitali they want to allow an additional four bottles of spirits, which Davidson Harkins Neuman Warren Davis Harris, J. O'Brien Wheatley are approximately 48 mixed drinks or shots to the seal. So this Dawkins Kavulich Pashinski Youngblood bill will only saturate an already oversaturated area without any Dean respect for the communities these establishments are in, allowing no public hearings or considering proximity to NAYS–115 residents, churches, or schools.

Baker Fritz Marshall Reed Therefore, I am encouraging a "no" vote on this and I will be Barrar Gabler Marsico Reese a "no" vote. Thank you, Mr. Speaker. Benninghoff Gillen Masser Roae The SPEAKER. Representative Curtis Thomas. Bernstine Gillespie McGinnis Roe Mr. THOMAS. Thank you, Mr. Speaker. Bloom Godshall Mehaffie Rothman Boback Greiner Mentzer Ryan Mr. Speaker, I guess as some people in my district would Briggs Grove Metcalfe Saccone say, this is one of those quality-of-life days, quality-of-life Brown, R. Hahn Metzgar Sankey issues, and so today, Mr. Speaker, I would like to interrogate the Causer Harper Miccarelli Santora author of the bill for some clarification. Charlton Harris, A. Millard Saylor Cook Heffley Miller, B. Schemel The SPEAKER. Yes. Representative Reese has indicated he Corbin Helm Milne Sonney will stand for interrogation and you may proceed, Corr Hickernell Moul Staats Representative Thomas. Cox Hill Murt Stephens Mr. THOMAS. Thank you, Mr. Speaker. Culver Irvin Mustio Tallman Cutler Jozwiak Nelson Tobash Is there any language in the bill or any contemplation in Day Kampf Nesbit Toepel making sure that the people working in these licensed Delozier Kaufer O'Neill Toohil establishments are able to get a decent wage and medical Diamond Kauffman Oberlander Topper benefits? DiGirolamo Keefer Ortitay Walsh Dowling Keller, F. Peifer Ward Mr. REESE. Thank you, Mr. Speaker. Dunbar Keller, M.K. Petri Warner So the underlying bill that we are discussing allows for any Dush Klunk Pickett Wentling "R" or "H" license holder to make application for a permit for Ellis Knowles Pyle Wheeland spirits-to-go. So for $2,000 an "R" license holder or "H" license Emrick Lawrence Quigley White English Lewis Quinn, C. Zimmerman holder can purchase a permit to sell spirits-to-go. That is what Evankovich Mackenzie Quinn, M. the bill does. It does not get into really any other areas. Everett Maher Rader Turzai, Mr. THOMAS. So it is correct to conclude that there is Farry Maloney Rapp Speaker nothing in the bill that deals with employees or working Fee conditions. NOT VOTING–0 Mr. REESE. No. This bill simply allows for "R" or "H" license holders to purchase a spirit-to-go permit and sell up to EXCUSED–11 3 liters of spirits-to-go in one transaction. Mr. THOMAS. My second concern is, is there anything in Christiana Hennessey McNeill Taylor the bill that talks about the hours in which liquor can be made Fabrizio James Rabb Watson Gergely Mako Simmons available to the public? Mr. REESE. It does, Mr. Speaker. It actually restricts it at 11 p.m. Less than the majority having voted in the affirmative, the Mr. THOMAS. Pardon me? question was determined in the negative and the motion was not Mr. REESE. There is a prohibition after 11 p.m. agreed to. Mr. THOMAS. Okay. That 11 p.m., is there interest in following a suggestion of an earlier speaker that in the interest of uniformity, that these hours are parallel to our State stores? Mr. REESE. Thank you, Mr. Speaker.

2017 LEGISLATIVE JOURNAL—HOUSE 631

I mean, I am certainly open to the discussion as this bill On the question recurring, moves towards the Senate, if it makes it to the Senate. I think Shall the bill pass finally? that is something that we could discuss. But at this point in the The SPEAKER. Agreeable to the provisions of the underlying bill, there is a prohibition that exists after 11 p.m. for Constitution, the yeas and nays will now be taken. "R" and "H" license holders that apply for the permit for spirits-to-go. The following roll call was recorded: Mr. THOMAS. Okay. Now, Mr. Speaker, these expanded, these additional licenses, they will come under the jurisdiction YEAS–102 of the Pennsylvania Liquor Control Board? Mr. REESE. Yes. They do, but they are a permit. They are Baker Gabler Marshall Roae Benninghoff Gillespie Marsico Roe not necessarily a license. So it is a permit that they will be Bernstine Godshall Masser Rothman making application for. So there is not an inherent value, in that Bloom Greiner McGinnis Ryan they get to sell it to the next person. They only are licensed and Boback Grove Mentzer Saccone they can make application for the permit to sell spirits-to-go. So Brown, R. Hahn Metcalfe Sankey Causer Harris, A. Metzgar Saylor it is not something they can sell to the next person. That is up to Cook Heffley Millard Schemel the PLCB (Pennsylvania Liquor Control Board). Corbin Helm Miller, B. Sonney Mr. THOMAS. So, Mr. Speaker, it is correct to say that the Corr Hickernell Milne Staats access to a permit does not carry the property interest that a Cox Hill Moul Stephens Culver Irvin Mustio Tallman license holder would have? Cutler Jozwiak Nelson Tobash Mr. REESE. Yes, sir. I think that is a fair statement. That is Day Kampf Nesbit Toepel correct. Delozier Kaufer O'Neill Toohil Mr. THOMAS. So, Mr. Speaker, there is a door open for Diamond Kauffman Oberlander Topper Dowling Keefer Ortitay Walsh defining the environment in which these privileges are Dunbar Keller, F. Peifer Ward exercised? Dush Keller, M.K. Pickett Warner Mr. REESE. In what way, Mr. Speaker? Ellis Klunk Pyle Wentling Mr. THOMAS. Well, if it is correct to say that the permit is Emrick Knowles Quigley Wheeland English Lawrence Quinn, M. White not a property interest and does not carry the same rights and Evankovich Lewis Rader Zimmerman responsibilities as a license holder would have and that the Everett Mackenzie Rapp permit is no more than a privilege that the Commonwealth is Fee Maher Reed Turzai, extending to these people who pay $2,000 and since it is a Fritz Maloney Reese Speaker privilege that is predicated only on this $2,000 and maybe some NAYS–90 other things, that there is an opportunity for defining what that world looks like at some point? Barbin Deasy Keller, W. Petrarca Mr. REESE. Thank you, Mr. Speaker. Barrar DeLissio Kim Petri So the way they run their business is still governed by the Bizzarro DeLuca Kinsey Quinn, C. Boyle Dermody Kirkland Ravenstahl "R" license that they hold. The regulations that exist with the Bradford DiGirolamo Kortz Readshaw permit were established under Act 39 of 2016, which allowed Briggs Donatucci Krueger Roebuck for wine-to-go. So while I suspect they could be changed at Brown, V. Driscoll Kulik Rozzi some point, at this point they are governed by the same policy Bullock Evans Longietti Sainato Burns Farry Madden Samuelson that was put in place for Act 39. Caltagirone Fitzgerald Markosek Santora Mr. THOMAS. Mr. Speaker, are there any requirements Carroll Flynn Matzie Schlossberg about the communities in which these permits will be made Cephas Frankel McCarter Schweyer available? Charlton Freeman McClinton Sims Comitta Gainey Mehaffie Snyder Mr. REESE. Under this legislation, all "R" license holders Conklin Galloway Miccarelli Solomon and "H" license holders are treated the same. Costa, D. Gillen Miller, D. Sturla Mr. THOMAS. Okay. So, Mr. Speaker, let me thank you for Costa, P. Goodman Mullery Thomas your efforts and I only ask you, Mr. Speaker, and the other Cruz Haggerty Murt Vazquez Daley Hanna Neilson Vitali proponents of this legislation, that at some point we do talk Davidson Harkins Neuman Warren about jobs, because there will be employment opportunities, Davis Harper O'Brien Wheatley training opportunities, associated with this. But HB 438 does Dawkins Harris, J. Pashinski Youngblood not talk about jobs or talk about working conditions or talk Dean Kavulich about communities and whether they will be impacted NOT VOTING–0 positively or negatively, and it does not really talk about the range of rights and obligations arising out of that $2,000 that EXCUSED–11 you give up for a permit. So I encourage you and I am more than willing to sit down with you to try and do something with Christiana Hennessey McNeill Taylor Godspeed, because I would hate to see a situation where we let Fabrizio James Rabb Watson Gergely Mako Simmons out 12,000 licenses and end up creating a subclass of workers and conditions in which people are working and communities are locked out of any participation. Thank you, Mr. Speaker.

632 LEGISLATIVE JOURNAL—HOUSE APRIL 25

The majority required by the Constitution having voted in Corr Hanna Miller, D. Staats the affirmative, the question was determined in the affirmative Costa, D. Harkins Milne Stephens Costa, P. Harper Moul Sturla and the bill passed finally. Cox Harris, A. Mullery Tallman Ordered, That the clerk present the same to the Senate for Cruz Harris, J. Murt Thomas concurrence. Culver Heffley Mustio Tobash Cutler Helm Neilson Toepel Daley Hickernell Nelson Toohil HB 409 RECONSIDERED Davidson Hill Nesbit Topper Davis Irvin Neuman Vazquez Dawkins Jozwiak O'Brien Vitali The SPEAKER. Members, the Chair is in receipt of a motion Day Kampf O'Neill Walsh to reconsider. It is signed by Representative Dermody and Dean Kaufer Oberlander Ward Representative Hanna. It reads as follows: "Mr. Speaker, Deasy Kauffman Ortitay Warner pursuant to Rule 26, we the undersigned move that the vote by DeLissio Kavulich Pashinski Warren Delozier Keefer Peifer Wentling which the House passed HB 409 on the 25th day of 2017 be DeLuca Keller, F. Petrarca Wheatley reconsidered." So we will have in front of us a motion to Dermody Keller, M.K. Petri Wheeland reconsider HB 409. My understanding is that both leaders are in Diamond Keller, W. Pickett White support of that motion, as is the maker of the bill. DiGirolamo Kim Pyle Youngblood Donatucci Kinsey Quigley Zimmerman Dowling Kirkland Quinn, C. On the question, Driscoll Klunk Quinn, M. Turzai, Will the House agree to the motion? Dunbar Knowles Rader Speaker Dush Kortz The SPEAKER. So I would ask all members who wish to NAYS–0 have HB 409 reconsidered – some members wish to recast their votes – you will be voting "aye" to have the vote reconsidered. NOT VOTING–0 If you are opposed, you will be voting "nay." Please mark up the motion to reconsider vote. EXCUSED–11 Representative Reed, the majority leader, on the motion. Mr. REED. Thank you very much, Mr. Speaker. Christiana Hennessey McNeill Taylor Fabrizio James Rabb Watson We would ask that the members support the motion to Gergely Mako Simmons reconsider HB 409. Thank you. The SPEAKER. Representative Dermody, on that motion, sir. The majority having voted in the affirmative, the question Mr. DERMODY. Thank you, Mr. Speaker. was determined in the affirmative and the motion was agreed to. I also would urge the members to support the motion to reconsider. On the question recurring, Shall the bill pass finally? On the question recurring, The SPEAKER. Agreeable to the provisions of the Will the House agree to the motion? Constitution, the yeas and nays will now be taken.

The following roll call was recorded: The following roll call was recorded:

YEAS–192 YEAS–110

Baker Ellis Krueger Rapp Baker Fritz Maloney Reed Barbin Emrick Kulik Ravenstahl Barrar Gabler Marshall Reese Barrar English Lawrence Readshaw Benninghoff Gillen Marsico Roae Benninghoff Evankovich Lewis Reed Bernstine Gillespie Masser Roe Bernstine Evans Longietti Reese Bloom Godshall McGinnis Rothman Bizzarro Everett Mackenzie Roae Boback Greiner Mehaffie Ryan Bloom Farry Madden Roe Brown, R. Grove Mentzer Saccone Boback Fee Maher Roebuck Causer Hahn Metcalfe Sainato Boyle Fitzgerald Maloney Rothman Charlton Harper Metzgar Sankey Bradford Flynn Markosek Rozzi Cook Harris, A. Millard Saylor Briggs Frankel Marshall Ryan Corbin Heffley Miller, B. Schemel Brown, R. Freeman Marsico Saccone Corr Helm Milne Sonney Brown, V. Fritz Masser Sainato Cox Hickernell Moul Staats Bullock Gabler Matzie Samuelson Culver Hill Mustio Stephens Burns Gainey McCarter Sankey Cutler Irvin Nelson Tallman Caltagirone Galloway McClinton Santora Day Jozwiak Nesbit Tobash Carroll Gillen McGinnis Saylor Delozier Kampf O'Neill Toepel Causer Gillespie Mehaffie Schemel Diamond Kaufer Oberlander Toohil Cephas Godshall Mentzer Schlossberg Dowling Kauffman Ortitay Topper Charlton Goodman Metcalfe Schweyer Dunbar Keefer Peifer Walsh Comitta Greiner Metzgar Sims Dush Keller, F. Petrarca Ward Conklin Grove Miccarelli Snyder Ellis Keller, M.K. Petri Warner Cook Haggerty Millard Solomon Emrick Klunk Pickett Wentling Corbin Hahn Miller, B. Sonney English Knowles Pyle Wheeland 2017 LEGISLATIVE JOURNAL—HOUSE 633

Evankovich Lawrence Quigley Zimmerman Mr. SCHWEYER. Thank you, Mr. Speaker. Everett Longietti Quinn, M. Mr. Speaker, I rise today and ask for a "no" vote on HB 975. Farry Mackenzie Rader Turzai, Fee Maher Rapp Speaker Mr. Speaker, I just would like to remind our colleagues here in the chamber that just last year we passed legislation that was NAYS–82 signed into law, Act 39 of 2016, part of which called for the establishment of a wine and spirits wholesale privatization Barbin Deasy Kim Quinn, C. commission. Bizzarro DeLissio Kinsey Ravenstahl Boyle DeLuca Kirkland Readshaw Just for the edification of our colleagues here, Act 39 of last Bradford Dermody Kortz Roebuck year created this commission that included provisions that Briggs DiGirolamo Krueger Rozzi would analyze our current wholesale system, evaluate the Brown, V. Donatucci Kulik Samuelson impact of public-sector jobs, consider best practices in other Bullock Driscoll Lewis Santora Burns Evans Madden Schlossberg States, determine what impact a transition of the wholesale Caltagirone Fitzgerald Markosek Schweyer system to private operators would have on our annual fiscal Carroll Flynn Matzie Sims stability of the Commonwealth, determine the effectiveness of Cephas Frankel McCarter Snyder the provisions contained in this act, provide a valuation of the Comitta Freeman McClinton Solomon Conklin Gainey Miccarelli Sturla wine and spirits wholesale and retail systems, determine the Costa, D. Galloway Miller, D. Thomas impact of wholesale and retail privatization on the cost of liquor Costa, P. Goodman Mullery Vazquez to the consumer, determine whether the current quota system in Cruz Haggerty Murt Vitali each individual county is meeting consumer demand, analyze Daley Hanna Neilson Warren Davidson Harkins Neuman Wheatley other factors related to wine and spirits wholesale. Davis Harris, J. O'Brien White The commission is to have all of the following powers and Dawkins Kavulich Pashinski Youngblood duties: to review and make findings and recommendations Dean Keller, W. related to wine and spirits wholesale and retail in the

NOT VOTING–0 Commonwealth, consult with and utilize experts to assist the commission in carrying out the duties under this section, and EXCUSED–11 draft proposed regulations and proposed legislation based on the findings. Christiana Hennessey McNeill Taylor Mr. Speaker, this commission that this legislative body wrote Fabrizio James Rabb Watson as law, that the Governor had signed into law, this commission Gergely Mako Simmons was to issue a report of their findings and recommendations to the Governor, to the President pro tem of the Senate, the The majority required by the Constitution having voted in majority leader and minority leader of the Senate and the the affirmative, the question was determined in the affirmative House. Based on the findings and recommendations of this, that and the bill passed finally. was going to be the reason when and the time when we were to Ordered, That the clerk present the same to the Senate for consider any further privatization attempts of anything in our concurrence. Liquor Code. Mr. Speaker, to recap, simply stated, just a few months ago this legislative body in a bipartisan manner with our Governor SUPPLEMENTAL CALENDAR B CONTINUED and the chamber on the other side of the building said we will look at and we will study further privatization, we will see if it BILLS ON THIRD CONSIDERATION is in the best interest of the Commonwealth of Pennsylvania and the best interest of consumers and the best interest of the safety The House proceeded to third consideration of HB 975, of our communities and the best interest of the workers that PN 1476, entitled: would be impacted. Mr. Speaker, not only has this commission not issued any An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing report, but this commission has exactly two members appointed for definitions; and, in licenses and regulations, liquor, alcohol and to it, and that just recently happened when the Senate appointed malt and brewed beverages, providing for wine wholesale license and its members. for wine retail license. Mr. Speaker, why are we rushing to pass yet another privatization bill when just a few months ago we said we were On the question, going to take a strong, hard look at this very issue? We are Will the House agree to the bill on third consideration? contradicting ourselves on legislation that we passed not Bill was agreed to. decades ago, but, Mr. Speaker, we are contradicting ourselves on legislation that we passed simply a few short months ago. (Bill analysis was read.) For that reason, sir, and for many others, I rise to oppose HB 975 and ask my colleagues to do the same. Thank you, sir. The SPEAKER. This bill has been considered on three The SPEAKER. Yes, sir. different days and agreed to and is now on final passage. Representative Markosek, Chairman Markosek. The question is, shall the bill pass finally? Mr. MARKOSEK. Thank you, Mr. Speaker. Mr. Speaker, HB 975 has been dubbed the "free the wine" Representative Schweyer. bill, the "free the wine" bill. But it really should be called "make

634 LEGISLATIVE JOURNAL—HOUSE APRIL 25 the taxpayers whine" bill. In short, HB 975 will erase millions Again, in Philadelphia we held hearings on stop-and-gos and of dollars from our General Fund. It will also undermine our at those hearings it came out there are 22 enforcement officers liquor stores because it would spin off the most profitable for 3 counties: Philadelphia, Chester, and Delaware. If we are brands from our stores to private wholesalers and retailers. If increasing this with no caps in Philadelphia about the number of ever there was a template for how to crash a business and hurt stores that can be there and there are only 22 – I am driving taxpayers, this is it. What is really bad about this bill is there home the point – 22 law enforcement officers cannot, cannot do have been no financial projections on the magnitude of the anything in a situation like this and those 22 enforcement profit loss HB 975 will cause. This is another Republican officers are for Philadelphia, Delaware, and Chester Counties. proposal that helps businesses and takes away from taxpayers. There is no way under the present circumstances they can do This is a bad bill, Mr. Speaker, and I urge all the members to their job. If we increase this, it will be an impossibility. This bill please vote "no." Thank you. adds retail locations to already saturated areas, causing an The SPEAKER. Representative Sturla, on the bill, please. unmanageable situation to be even worse in the city of Mr. STURLA. Thank you, Mr. Speaker. Philadelphia. On top of this, we cut in this chamber the budget Mr. Speaker, I rise in opposition to this bill for several for the State Police, a reduction of $3.5 million to our State reasons. One, there are multiple States that still control the Police. So how do we expect them to enforce anything if we are wholesale of both wine and spirits and/or spirits, and they do so cutting the money they are receiving? for a very good reason. That is how you ensure collection of We need to find a solution to the nuisance bars and address taxes, that is how you ensure the generation of the taxes that the problems of making sure that we take care of the you project, and that is how you control importation within the enforcement issues. So I want everybody to think in this State and not have things just be willy-nilly. chamber, how are we going to enforce this if we change the Mr. Speaker, by doing what is proposed here, you also do not codes with the liquor? How are we going to enforce anything open up the market for small wholesalers to get into the market. when we do not have the manpower currently to enforce This will, in essence, create a monopoly of a few large national anything? Thank you. distributors that will be able to pick up the licenses and then The SPEAKER. Thank you, Representative Youngblood. dominate the market to a point where they gain price controls, Representative , please. and by price controls I do not mean price controls in a good Mr. A. HARRIS. Thank you, Mr. Speaker. way. I mean they will be able to control the price to whatever I would ask all members to support HB 975. There is no they want it to be. doubt Act 39 was a tremendous success in Pennsylvania. People Mr. Speaker, I know people complain about the cost of wine got a taste of what an open market can be like. The question and spirits in the State of Pennsylvania currently, but we know now is, once we have given them that little taste, are we going exactly what the markup is, and while this sounds appealing, to stop or are we going to keep going and "free the wine" for all like we might be able to get it for cheaper, we might be able to Pennsylvanians? get it for cheaper for a year or two, and then as we have seen in I think we should keep going. Let us vote for HB 975. other States, the cost actually increases, because once they have The SPEAKER. Representative Paul Costa waives off. control of the pricing on it, it does not work in the favor of the Representative . consumers. It works in favor of the wholesaler. Mr. CUTLER. Thank you, Mr. Speaker. Mr. Speaker, I urge a "no" vote. Thank you. Mr. Speaker, I would like to piggyback off of the chairman's The SPEAKER. Representative Greg Rothman. remarks regarding this. I think it is important to recognize with Mr. ROTHMAN. Mr. Speaker, I rise in support of this bill. It the approval of Act 39 last time, we made great progress; the has troubled me for a long, long time why the State of first time that we have had progress in the last 80 years and it is Pennsylvania is in the business of selling liquor. We are not in the first time since Prohibition that we were able to start to the business in anything else where the private sector can do it update our archaic liquor laws. and we know that the private sector can do it better. Mr. Speaker, but there is still plenty of room for continued I have heard in committees discussion about how much improvement. Right now there is an arbitrary, in my opinion, money the State is going to lose. Let me repeat: $2.5 billion in distinction between those grocery stores which have seating gross sales and we only receive $100 million here. Now, any capacity and those who do not. This would allow everyone to other business that has a monopoly would certainly have a have the opportunity to obtain a permit to sell wine in the greater return to the shareholders or to the owners than this grocery stores. Additionally, it allows those retailers to buy their business. This is a business that we should be out of, we should wine from private-sector wholesalers, brokers, and makers of have been out of it for a long time, and I hope my colleagues the wine, not just the LCB, so it would clearly increase choice will vote to get us out of the liquor business. for those individuals who wish to partake in wine. It also would The SPEAKER. Representative Rosita Youngblood. eliminate any price-floor requirements either from the Ms. YOUNGBLOOD. Thank you, Mr. Speaker. wholesaler to the retailer or the retailer to the consumer that I rise in opposition to HB 975. This bill would increase the artificially inflate the cost and dampen competition within the number of businesses and locations selling wine and spirits current markets. without providing any additional funding for alcohol control or It is my opinion that we should be completely out of the law enforcement. There are already too few enforcement market regarding alcohol. I do not believe it is a fundamental officers for over 30,000 licensed establishments across the job of government to engage in a retail business. What I believe Commonwealth. The Republican chairman of Liquor Control is we should focus on those items which our constituents expect said just a few minutes ago there are few officers. us to focus on, and perhaps once we have mastered them, we

2017 LEGISLATIVE JOURNAL—HOUSE 635 could go on further. But I believe we should invest in education. CALENDAR CONTINUED I believe that we should invest in infrastructure. Every day that passes that we are not able to continue to update our antiquated BILL ON THIRD CONSIDERATION liquor systems is another day of missed opportunities. It is a day of missed opportunities and it is a day of misdirected resources. The House proceeded to third consideration of HB 97, Mr. Speaker, we should allow our constituents to have this PN 1503, entitled: opportunity. We should ensure that we continue to update our laws so that we are like the other 48 States that have already An Act amending the act of March 10, 1949 (P.L.30, No.14), made this step. To hear the debate here in the well of the House, known as the Public School Code of 1949, in preliminary provisions, providing for advertising; in pupils and attendance, providing for it sounds as if we are the first actor to go down this path. transfer of attendance records to another school entity or nonpublic Nothing could be further from the truth. When you look at all of school; in terms and courses of study, further providing for agreements the other States and all of the other options, we are nearly alone. with institutions of higher education; in opportunities for educational It is time for Pennsylvania to take the next step in ensuring that excellence, further providing for definitions, for responsibilities of school entities and for concurrent enrollment agreements; and, in our laws reflect what our people want and ensuring that we get charter schools, extensively revising and adding charter school back to our proper role of government, which is clearly not provisions. selling wine. Mr. Speaker, I urge a "yes" vote and encourage all my On the question, colleagues to do the same. Thank you. Will the House agree to the bill on third consideration? The SPEAKER. Representative . Bill was agreed to. Mr. TOPPER. Thank you, Mr. Speaker. I certainly understand some of the concerns that we have (Bill analysis was read.) heard about enforcement and being better as a State in enforcing our laws when it comes to liquor, when it comes to wine, but The SPEAKER. This bill has been considered on three part of the problem, Mr. Speaker, in my opinion, and one of the different days and agreed to and is now on final passage. reasons why we might not have been able to do as good of a job The question is, shall the bill pass finally? as we should have in the past, is because we are trying to do both. We are trying to sell alcohol, we are trying to be a retail Representative Reese, on the bill. seller, we are trying to sell wholesale as a State, and then we are Mr. REESE. Thank you, Mr. Speaker. also trying to enforce the law, and in my opinion, Mr. Speaker, Mr. Speaker, I introduced HB 97 in order to reform and and I think in the opinion of many of my constituents, you update the nearly 20-year-old Charter School Law, which was cannot do both. You cannot be in the enforcement business and groundbreaking upon its enactment but over the last 20 years in the profiting business. We should be in the enforcement has become outdated. business, but we should be out of the business of trying to profit As many of you know, HB 97 is based upon the language from the sale of alcohol. That is not something that we should from HB 530 of last session, which was very close to enactment be doing as a government, as a State government. into law. HB 97 builds upon years of work on charter school Mr. Speaker, this is another step in a positive direction for reform and represents a balanced bill that provides benefits to Pennsylvania, both from an economic standpoint and simply both charter schools and our traditional public schools. from, as we talked about so many times in these past couple The goals of HB 97 are to improve school choice by months, a restructuring of our government and focusing on what strengthening the law under which charter school entities are we should be doing, which is enforcement and not selling. established and operate and to generate financial savings for our Thank you, Mr. Speaker. school districts and local taxpayers by making sensible changes to the funding formula for our cyber charter schools. BILL PASSED OVER TEMPORARILY Mr. Speaker, some of these funding changes are immediate and will last for a 2-year period of time. Other changes, longer The SPEAKER. We are going to temporarily go over the term funding changes, will occur following an in-depth review bill. of the charter school funding to be conducted by the Charter School Funding Commission that will be established under * * * HB 97. The reforms embodied in HB 97, in addition to the funding BILL PASSED OVER changes, address loss pertaining to ethics, financial transparency, academic accountability, truancy, governance, and The SPEAKER. We are over HB 1075 for today. charter school operations. These adjustments are critical to improving and strengthening our Charter School Law. They * * * provide a more level playing field between all of our schools, particularly in regard to openness and transparency. BILL PASSED OVER TEMPORARILY I want to take this moment to thank all of the education stakeholders that took the time to meet with myself and our very The SPEAKER. We are now going to head temporarily over talented staff, along with members in this chamber, both HB 991. Democrats and Republicans, for their interest.

636 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Mr. Speaker, we must make these reforms now in order to students who live in an area in which the school district or an maintain a charter school entity as a strong choice in intermediate unit operates their own cyber charter school or Pennsylvania. I respectfully request a "yes" vote on HB 97. program, always at a fraction of the sum charged to the Thank you, Mr. Speaker. Pennsylvania taxpayer by a statewide cyber charter education The SPEAKER. Yes, sir. program. Representative McCarter, on the bill, sir, followed by Mr. Speaker, the actual cost of cyber charter education has Representative Roebuck and Representative Sturla and dropped dramatically in the 20 years since Pennsylvania's Representative Carroll. charter school legislation was passed. However, our At this time it will be Representative McCarter. reimbursement formula for cyber charters, which is still based Mr. McCARTER. Thank you, Mr. Speaker. largely on the cost of a brick-and-mortar education, has not. Mr. Speaker, I am going to speak very bluntly here. HB 97 is Families are now able to choose a cyber charter program that billed as charter school reform, but it is not reform. In fact, costs Pennsylvania taxpayers dramatically more than a I would call it a continuation of the theft that our charter school comparable or even better cyber program in the local school movement has unfortunately become. Plain and simple, we have district or intermediate unit, costing taxpayers millions and allowed our children to become the widgets for making a profit millions each year. for those who view the education of children to be a For example, the cost at Cheltenham School District is over profit-making— $16 million for charter education, an increase of $3.6 million The SPEAKER. Representative, please just suspend for just since 2011-12. That is nearly $14,000 for each regular a moment, please. education student to attend a statewide cyber charter or over Members, I know we are getting late in the day. Many $30,000 for a special needs student. While if these students significant pieces of legislation are before us. I would ask attended the intermediate unit cyber program in Montgomery everybody to please take their seats. An important bill is in front County, the cost is reduced to $5,000 per student. That is of us. Everybody is entitled to be heard. Members, please take $9,000 in profit for a regular education student and $25,000 for your seats. Any discussions can happen off the House floor. a special needs student. In fact, and even more telling is that Staff members, please, if you have work to do with members, some cyber charter schools are approaching these intermediate take it off the House floor. Representative McCarter is entitled units now to contract for their $5,000 services, while the cyber to be heard. charter school would still be reimbursed for $14,000 or Representative McCarter, please proceed, sir. $30,000 in Cheltenham, at a level comparable to that brick-and- Mr. McCARTER. Thank you, Mr. Speaker. mortar charter education. Mr. Speaker, when charter schools were first proposed in This is nothing short of theft, and the money that is stolen Pennsylvania, they were promoted as engines of innovation that from the Pennsylvania taxpayers and from our system of would revitalize and transform public education. Most charter traditional public schools, it needs to be corrected now. It is schools have not delivered on that grand, optimistic promise, so theft without accountability. Where does this money go? Where we no longer talk of them that way. We now talk about charters does the profit go, Mr. Speaker? We really do not know. But as choice, and in effect, charter schools have become a second, I do have – I must admit and I have to believe someone is separate public school system, albeit a system that is funded pocketing something somewhere, because I see a lot of differently, managed to a different standard, and I would argue campaign contribution money coming from our charter school one that is robbing Pennsylvania taxpayers and our traditional operators and I see a lot of advertising on TV. Somebody is public school system blind. making that profit and using it for their own gains. Mr. Speaker, this is not to say that there are no good charter Mr. Speaker, I believe strongly that all public schools and the schools. On the contrary, in fact, there are many that have made students within them should be treated equally under the law. good contributions to the evolution of education over the past That is actually the stated aim of HB 97, but it is not what the 20 years. I applaud them. But for the few good schools, as well legislation achieves, not by a long shot. For this and many more as for all the traditional public schools, it is time to really reasons, I will be a "no" vote on this bill today. I ask that my examine what has happened over the 20 years of this colleagues on both sides of the aisle join me in rejecting this experiment. It is time to acknowledge that we need real reform, so-called reform and send it back to where it needs to go to not a show bill that makes a scant change to correct the work to craft a real reform package that celebrates the successes problems we now face as we deal with a $3 billion deficit. We of the charter school movement and protects our public schools, can no longer afford this uncontrolled experiment with very while making sure that our children are no longer treated as poor results. widgets in a profit-making scheme. Mr. Speaker, HB 97 itself appears to acknowledge as much Thank you, Mr. Speaker. by attempting to address this discrepancy. It slightly improves The SPEAKER. Thank you, Representative McCarter. ethics and transparency standards for charters, and temporarily, Representative Roebuck. and I emphasize temporarily, makes a very small reduction in Mr. ROEBUCK. Thank you, Mr. Speaker. school district payments to cyber charters. But it does not go The sponsor, the author of this proposal, HB 97, in speaking nearly far enough to adequately protect taxpayers and public just now talked about this bill, this, quote, unquote, "reform school students and their parents. HB 97 does nothing to bill" as improving school choice. I remind you, if you look at address the broken special education funding system that allows the Charter School Law, that is not the purpose of charter charters to reap an unconscionable $100 million-plus in profit schools. If you look at the law, as written 20 years ago, in the every year off students with disabilities, and it only minimally first paragraph of the law it states very clearly that these schools reduces the payments to cyber charters when we should be are to be innovative models for educational change. There are capping the amount of money cyber charter schools receive for 2017 LEGISLATIVE JOURNAL—HOUSE 637 supposed to be ways in which you can demonstrate how to The SPEAKER. Thank you, Representative Roebuck. make public education better. Representative Mike Carroll. It is ironic, Mr. Speaker, that 20 years later we have had not Mr. CARROLL. Thank you, Mr. Speaker. one of those schools offer a report of what they have done that Mr. Speaker, I applaud the maker of this bill for his sincere is innovative that can be replicated; not one of them. So what effort to try and help; I really do. I think it is a sincere effort to are we doing here? What we have done, in fact, is create a try and advance the conversation with respect to charter schools separate and unequal school system. in the 500 school districts. But, Mr. Speaker, I really do think Now, if I remember, Brown v. Board of Education 1954 said that we have problems on the horizon if we were to pass this that separate but equal was inherently unequal, yet we are bill. You know, the default for lots of folks would be to look at scrambling and doing all we can here in Pennsylvania to create the list of the 500 school districts and see how much money we and maintain a separate and unequal school system. It is not fair are going to get as a result of these changes, and those modest to our children, it is not fair to the parents who send their dollar amounts would probably be really useful to the children to schools, it is not fair to the taxpayers of this State. 500 school districts, including the ones I represent. But, What we need to look at is what is wrong and fix it. We went Mr. Speaker, I think the problem is that when you look forward through a series of amendments on the floor, most of which to the out-years, those modest increases carry with it real risk, were voted down, and so we did not do things like look at those and the real risk is what is the expected outcome with respect to schools that on occasion thought it was all right to do school at the potential expansion of charter schools, both cyber charter day and nightclub by night and use the school buildings to sell schools and brick-and-mortar charter schools, in this State. So liquor and we had a bill that would have said if you did that when I talk to the school districts that I represent, they are not twice or you did it the third time, you would lose your license, prepared to make that trade for that modest amount of money you would lose your charter. But we voted that down. We did now for the unknown expansion that could apply in the future. not look at the conflict of interest in leases, where individuals So, Mr. Speaker, I think that the smart thing to do is to reject on the individual charter schools dried out the money from HB 97, with the full understanding that the sponsor took on a those schools, the taxpayer dollars, to advantage themselves. real challenge here. But the reality is that this is a critically We have not talked about the overpayments for special important subject. The whole subject of charter schools and education and other areas, special education and services. If we cyber charter schools and how they are treated within the realm are doing reform, why do we not do it right? Why do we not of our 500 school districts, there are not too many topics that look at what is wrong and fix it? Why do we kick the can down you could engage a school board member with that do not draw the road and say, "Oh, the Senate will fix that." We are a their attention more than cyber charter and charter school legislative body. We have the responsibility to do what is right. education. Now, I want to share with you a list of those who have gone So, Mr. Speaker, I think it is time to hit the pause button. Let on record as opposing this legislation. You have the us think about the proper way to refine the way that charter Pennsylvania School Boards Association, the School District of schools are treated in this State and consider the real long-term Philadelphia, the American Federation of Teachers of impact that passage and enactment of HB 97 would have on all Pennsylvania, the Philadelphia Federation of Teachers, the of our 500 school districts, the various boards of education in League of Women Voters of Pennsylvania, Education Voters of those districts, the students in those districts, and also the Pennsylvania, the Education Law Center, the PCCY (Public taxpayers in those districts who continually have to pay Citizens for Children and Youth) – Education Voters, ELC increased property taxes because of unknown future expenses (Education Law Center), and the Public Interest Law Center – that could occur with a broad expansion of charter schools. the Public Cyber Charter School Association, and the PA So, Mr. Speaker, I thank you for the opportunity and I ask Leadership Charter School. If we are going to do this, why do the members to think about that before they cast the vote. we not spend the time to do it right? Why do we continue to I think the smart thing to do is to reject HB 97 today and move advance the creation of a separate, unequal, unfair education? forward tomorrow. I remember when we in the House Education Committee The SPEAKER. Representative . probably 2 years ago, 3 years ago, looked at teacher Mr. STURLA. Thank you, Mr. Speaker. accountability and passed legislation that would have provided Mr. Speaker, as was stated before, while this bill purports to for a way to evaluate teacher performance, and when we were in be reform, it is, in fact, not reform at all. The tiny savings that committee, we ensured that it applied to traditional public are claimed in this bill will be far outstripped by the relaxing of schools, to charter schools, brick-and-mortar charter schools, ability to add more charters and cyber charters in this State, and and to cyber charter schools, a way in which all teachers in our so while you may be able to go back to your school district and education system would be evaluated. That bill went to the say, I saved you 10 cents on that thing you paid a couple of Senate, and what did the Senate do? They took out the brick- bucks too much for, I also have told everybody that everybody and-mortar charters and the cyber charters. As if that were a can now charge you that extra money that you are only going to way to make teacher evaluation work, you take out a group of save 10 cents on, it just does not add up. teachers who teach our kids and say that is okay. Mr. Speaker, we had an opportunity to do real charter reform I have little faith that another legislative body would do this and we did not. Amendment after amendment after amendment job better than we in the House of Representatives can do it, and that would have done real charter reform was rejected, and so I would urge you that we step back, not pass this bill, do it right, now we have something that is not fiscally responsible but has do it for our kids, do it for our taxpayers, do it for our parents the label of reform, and as Representative Roebuck pointed out, and our Commonwealth. the kinds of things that were initially set out in the legislation in Thank you, Mr. Speaker. terms of having charters be models for everyone have not come

638 LEGISLATIVE JOURNAL—HOUSE APRIL 25 to fruition. Now, most of the members in this chamber right $160 million. Now we are talking about $20 million and a new now were not even here when that bill was passed. Some of us set of authorizers for more charter schools. There is no building were. Some of us knew what the intention initially was. Some surplus left in most rural and urban school districts because the of us have not seen those intentions come to life. Some of us money has not followed the student. That is what we said we said reluctantly at that time, okay, I do not think it is going to were going to do, let the money follow the student. It is not cost that much to do these things, but go ahead. Let them get spent on the student. It is spent on the charters. established. Let us see what they can do, maybe give them more Twenty-five percent work, 75 percent do not. None of the money than they actually need. Let us try and improve cyber schools work. It is $470 million. We are wasting it at the education. And if in fact this legislation said, you know, the same time that we are sitting here talking about an over ones that are outperforming standard brick-and-mortar schools, $1 billion deficit, but instead of dealing with the deficit in our we are going to figure out how to let them thrive, we are going budget, we are going to give more money to the charters. to figure out how to replicate them, we are going to figure out I object. how to get more of those, and in exchange, we are going to take The SPEAKER. Representative Curtis Thomas. money from the ones that are not performing, I might say good Mr. THOMAS. Thank you, Mr. Speaker. reform. That would actually do something. But this bill does not Mr. Speaker, I rise in opposition to HB 97. do that at all. In fact, it encourages people to go out and do more I just want to add some clarification to the whole bad charters and cyber charters. It makes it easier for them to conversation. I am in my 29th year, and I remember the establish a fly-by-night. conversation on charter schools. Now Senator Anthony Hardy Mr. Speaker, we have an opportunity to do this right, but this Williams, now Congressman Dwight Evans, and Curt Thomas is not the way to do it. I encourage a "no" vote on the final became original architects of the charter school bill, and it came passage of HB 97. Thank you. about for a number of reasons. Number one, in my district every The SPEAKER. Representative John Maher, followed by middle school was overcrowded. Parental participation in Representative Bill Kortz, Representative , and curriculum and instruction was almost zero. And in now I understand Representative Curtis Thomas. Congressman Dwight Evans' district, there was little creativity Representative John Maher. in what was going on with kids. In now Senator Anthony Hardy Mr. MAHER. Mr. Speaker, even Goldilocks knew that what Williams' district in Southwest Philadelphia, in West is too much cannot be less than what is too little. My colleagues Philadelphia, there was a thirst for innovation and thirst for across the aisle are so, so certain that what is being paid to improving the overall quality of education. The charter school charters is too much and they need reform. Now, what is paid to became an opportunity to reduce the size of classrooms. The charters on average is about 75 percent of what the cost for charter school became important in reshaping the educational educating a child is in the traditional public schools. When we environment. talk about, however, funding the traditional public schools in So, Mr. Speaker, the one thing that kind of made it all come the budget, we heard that that 100 percent is too little, yet together is we placed on the local school boards the 75 percent is too much. One hundred percent is too little for responsibility of, one, accepting applications for charter schools, traditional public schools, but 75 percent is too much if it is a reviewing those applications, and making sure that those charter. applications complemented public education and represented a Now, Goldilocks knew better and I think you all know better. vision for tomorrow around public education, and we That makes no sense. Thank you. empowered local school districts to make decisions on when The SPEAKER. Representative Kortz. and the circumstances under which charter schools would be Mr. KORTZ. Thank you, Mr. Speaker. established. But, Mr. Speaker, we look at today. At the time I rise in opposition to HB 97. The bill does not address the there was no contemplation that the Pennsylvania Board of cost of this alternative education. The charters and cyber charter Education needed to chime in on whether a charter school schools are causing a significant drain on the revenue stream for should go into Representative Carroll's district or in our public schools in a legal fashion, but it is important to note Representative Kirkland's district. Local school districts were they are also causing a drain in an illegal fashion, and I will given the authority to make those decisions. Twenty years ago reference just 5 short years ago one of our charter school CEOs there was no contemplation to special interests, there was no (chief executive officers) from Beaver County was convicted of contemplation if you would have situations where I own a stealing millions of dollars, stealing millions of dollars. It building and I become the landlord for the charter school that happened. And in Goldilocks' phrase, I guess you can say, who I am now legally in charge of. has been eating my porridge? Well, that CEO was. Mr. Speaker, so because local school boards have been— The bottom line, Mr. Speaker, the drain of funds— I am And in Philadelphia the State now controls the local school sorry. There is a significant drain of funds in a legal and illegal board. So things have gotten all out of hand, all out of hand, so way at times, and property taxes are being increased because of that now charter schools have become competitors to public this. education. So it is now draining on the public education system. So for all the members who support reining in property And the last time I checked, the Pennsylvania Constitution says taxes, this is an easy "no" vote. Please vote "no." Thank you. that our legal and moral responsibility is to public education. The SPEAKER. Representative Bryan Barbin. And these charters are now becoming a part of this separate and Mr. BARBIN. Thank you, Mr. Speaker. unequal school system in both where they are located, in I rise in opposition to the bill for the same reason I have violation of Brown v. Board, but also in terms of given for the last 10 terms. We spend $1.5 billion. Last year the Charlotte-Mecklenburg, and Charlotte-Mecklenburg was the Governor came up with a reform that was going to save national standard—

2017 LEGISLATIVE JOURNAL—HOUSE 639

The SPEAKER. Sir— supportive of the legislation in the good nature and goodwill of Mr. THOMAS. —on what conditions in which education everyone staying at the table to try to come out with a remedy. would take place. This bill is 20 years old and needs a redo, it needs a refresh. The SPEAKER. —the good gentleman, if you will just We need to hold all schools accountable that are required to please suspend just for a moment. provide a quality education to our young people, we need to Mr. THOMAS. I am closing it down, Mr. Speaker. hold all administrators accountable that are required to provide The SPEAKER. Members, this is our last speaker. We will a quality education to our young people, and we need to ensure be taking the vote here shortly. that all of our State's tax dollars are going to the benefit of the Mr. THOMAS. So, Mr. Speaker, in closing, these charter education of all of Pennsylvania's children. schools have become separate and unequal in violation of I will say this before I do sit, Mr. Speaker. It is a little Brown v. Board and in violation of Charlotte-Mecklenburg. offensive to continue to hear about what charter schools cost And I did a law review article for the North Carolina districts as if the money is going for another purpose but to university system on Charlotte-Mecklenburg and the inequality educate our children. If we are serious about educating of education in America, and you can find situations today Pennsylvania's children, we have to be serious about educating where charter school students have books that public school all of Pennsylvania's children, because in my district, students do not have. You will find situations where charter Mr. Speaker, I do not believe a parent is considering what type schools are having caviar for lunch while some public schools of school their child goes to. The only type that they are do not have any lunches. So we have unintentionally – and we considering is that it is a good and quality education for their did not mean it – unintentionally allowed this thing to get out of child. hand. I hope that, Mr. Speaker, we can get back to the idea of So I ask each and every one of you to join me in taking that efficiently educating all of Pennsylvania's young people first step towards getting back to where we intended to be by regardless of what mode or method of education their parent voting "no" on HB 97. Thank you, Mr. Speaker. chose to put them in. Thank you, Mr. Speaker. The SPEAKER. There is one other speaker that has requested the floor. On the question recurring, Representative Jordan Harris. Shall the bill pass finally? Mr. J. HARRIS. Thank you, Mr. Speaker. The SPEAKER. Agreeable to the provisions of the May I interrogate the maker of the bill? Constitution, the yeas and nays will now be taken. The SPEAKER. He has indicated he will so stand. Mr. J. HARRIS. Thank you, Mr. Speaker. The following roll call was recorded: Mr. Speaker, on page 35, lines 19 through 22, the bill states that "…a charter school or regional charter school that does not YEAS–108 have in its written charter any limits on student enrollment or caps is permitted to operate its school at more than one Baker Gabler Masser Roae Benninghoff Gillespie McClinton Roe location." Would you explain the meaning of that section, Bernstine Greiner Mehaffie Rothman please, for the record? Bloom Grove Mentzer Ryan Mr. REESE. Absolutely. Thank you, Mr. Speaker. Boback Hahn Metcalfe Saccone This provision applies only to the charter school that is Brown, R. Harper Metzgar Sankey Charlton Harris, A. Miccarelli Saylor already permitted to expand its enrollment. The provision Cook Harris, J. Millard Schemel allows such a school to operate in more than one location if it Corbin Heffley Miller, B. Sonney chooses to do so. Corr Helm Milne Staats Mr. J. HARRIS. Thank you, Mr. Speaker. Cox Hickernell Moul Stephens Culver Hill Mustio Tallman Another question. Does this provision allow our charter Cutler Irvin Nelson Tobash school to increase its enrollment or expand into different grade Davidson Jozwiak Nesbit Toepel levels? Day Kampf Oberlander Toohil Mr. REESE. Thank you, Mr. Speaker. Delozier Kaufer Ortitay Topper Diamond Kauffman Peifer Walsh The answer is no. This provision applies only to charter Dowling Keefer Petri Ward schools that already have permission to expand its enrollment or Dunbar Keller, F. Pickett Warner expand into a different grade level. It will have no effect on the Dush Keller, M.K. Pyle Wentling number of students a charter school is allowed to enroll for the Ellis Klunk Quigley Wheatley Emrick Knowles Quinn, C. Wheeland grade levels of those students. English Lawrence Quinn, M. White Mr. J. HARRIS. Thank you, Mr. Speaker. Evankovich Mackenzie Rader Zimmerman On the bill. Everett Maher Rapp The SPEAKER. On the bill, sir. Farry Maloney Reed Turzai, Fee Marshall Reese Speaker Mr. J. HARRIS. Mr. Speaker, I appreciate the maker for Fritz Marsico answering those questions. My goal is to get the legislative intent of that specific section on the record for clarification. NAYS–84 Mr. Speaker, I must admit, HB 97 is not a perfect piece of legislation. HB 97 needs work, but I do believe that many of the Barbin Dean Kavulich O'Neill Barrar Deasy Keller, W. Pashinski folks who will do the work to fix this legislation are at the table Bizzarro DeLissio Kim Petrarca and continue to have conversations. So I am inclined to be Boyle DeLuca Kinsey Ravenstahl

640 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Bradford Dermody Kirkland Readshaw public policy. It undermines a very important principle of local Briggs DiGirolamo Kortz Roebuck control. If this bill passes, it will take away rights that your Brown, V. Donatucci Krueger Rozzi Bullock Driscoll Kulik Sainato townships and cities and counties have right now with regard to Burns Evans Lewis Samuelson dealing with their local problems, and that is why so many cities Caltagirone Fitzgerald Longietti Santora have come out against this. Carroll Flynn Madden Schlossberg What this bill would do would be to prevent municipalities in Causer Frankel Markosek Schweyer Cephas Freeman Matzie Sims this State from regulating the use of plastic bags. This Comitta Gainey McCarter Snyder regulation is done by about 180 jurisdictions in the country with Conklin Galloway McGinnis Solomon substantial success. San Francisco, Los Angeles, the District of Costa, D. Gillen Miller, D. Sturla Columbia, New York City are just a few of the cities who have Costa, P. Godshall Mullery Thomas Cruz Goodman Murt Vazquez chosen to regulate plastic bags either by fee or surcharge or ban Daley Haggerty Neilson Vitali or some combination, and they have done this for many years. Davis Hanna Neuman Warren This is not experimental and it has proven a success. Dawkins Harkins O'Brien Youngblood You should have in your inboxes the numerous groups that

NOT VOTING–0 have come out in opposition to this. The Pennsylvania Municipal League opposes this bill. "We are opposed to this EXCUSED–11 bill," I quote, "on the principle that local, municipal autonomy is being pre-empted on an issue that is not even occurring, to our Christiana Hennessey McNeill Taylor knowledge, in Pennsylvania." Fabrizio James Rabb Watson The Pennsylvania State Association of Boroughs opposes Gergely Mako Simmons HB 1071. They say, "These decisions MUST remain at the local government level as citizens, commercial interests and local The majority required by the Constitution having voted in officials are the ideal entities to address this quality of life the affirmative, the question was determined in the affirmative issue.” and the bill passed finally. PSATS, the Pennsylvania State Association of Township Ordered, That the clerk present the same to the Senate for Supervisors, opposes this bill. I spoke to Elam Herr this concurrence. morning, and he wanted me to convey to the members they oppose this bill. The Philadelphia City Council opposes this bill, quote, in SUPPLEMENTAL CALENDAR B CONTINUED their letter, "If HB 1071 is enacted, our constituents will not have the opportunity to press their case for a fee before their BILL ON THIRD CONSIDERATION local legislative body…. We…respectfully urge you to oppose HB 1071." The House proceeded to third consideration of HB 1071, Bruce Kraus, head of the city council, city of Pittsburgh, PN 1270, entitled: opposes this bill. I quote from his letter of today: "…If local municipalities wish to enact policies which encourage An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in other subjects of taxation, responsible consumption of plastic…" bags, "…they have the prohibiting bans, fees, surcharges and taxes on recyclable plastic bags. lawfully given right to do so." The city of York opposes HB 1071. A quote from their letter: On the question, "Having options to help control plastic bag pollution could Will the House agree to the bill on third consideration? make a huge difference not only in our oceans and our planet's Bill was agreed to. health but could rein in the ubiquitous use of shopping bags altogether…. We urge you to oppose passage of HB 1071." (Bill analysis was read.) The city of Erie, "The members of the City of Erie City Council are writing to urge you to oppose HB 1071…." Quote, The SPEAKER. This bill has been considered on three "…It," meaning the city, "should be afforded the autonomy to different days and agreed to and is now on final passage. make that decision.” The question is, shall the bill pass finally? Wilkes-Barre opposes this bill. This is signed by a Beth Gilbert, Wilkes-Barre city council person. She is speaking on her own behalf. LEAVE OF ABSENCE Mr. Speaker, proponents of this have suggested that perhaps The SPEAKER. Representative has this is environmentally good because it only deals with requested to be placed on leave. Without objection, that will be recyclable bags, but that is false. The overwhelming number of granted. recyclable bags is not in fact recycled, and that is why environmental groups like the Sierra Club, PennFuture, PennEnvironment also oppose HB 1071. CONSIDERATION OF HB 1071 CONTINUED The reality is, this bill is being driven by one company, one plastic bag manufacturer, Novolex, who has a plant in The SPEAKER. Representative Vitali, on the bill, please. Milesburg, Pennsylvania, Hilex Poly. The only reason we are Mr. VITALI. Thank you, Mr. Speaker. dealing with this bill is that that company, that plastic bag I rise in opposition to HB 1071. As many members will manufacturer, is trying to impose this ban on bans as they have recall, this bill was defeated fairly soundly last session. It is bad 2017 LEGISLATIVE JOURNAL—HOUSE 641 in other municipalities throughout the country. This is a bill The SPEAKER pro tempore. The Chair thanks the driven by a special interest group. gentlelady and recognizes the gentlelady, Ms. Mary Jo Daley, The reality is, we should not be impeding the ability of every on final passage. one of the municipalities we represent and impeding their Ms. DALEY. Thank you, Mr. Speaker. ability to do their jobs to satisfy one special interest group in I rise today in opposition to HB 1071. one company in one member's district. That is just bad public Governments around the world have banned or taxed policy. lightweight recyclable plastic bags. In the United States I read Governor Wolf also opposes this bill. Mr. Speaker, this is today that over 200 counties and municipalities have enacted bad public policy. We defeated this substantially before and we ordinances either imposing a fee or banning plastic bags should do it again. Thank you. outright. Why are these actions taken by our counties and municipalities and even some States? Because these recyclable THE SPEAKER PRO TEMPORE bags take a very long time to break down when disposed of properly, but when not disposed of properly, they pollute our (MATTHEW E. BAKER) PRESIDING waterways and clog our sewer systems, they create litter along The SPEAKER pro tempore. The Chair thanks the our highways, roads, and streets; because full-service gentleman. municipalities that provide solid waste disposal and highway service and sewer maintenance must deal with these lightweight recyclable plastic bags. LEAVES OF ABSENCE But here is another issue that I just learned about today and maybe some of you know about this. The Federal Aviation The SPEAKER pro tempore. Without objection, the Agency, the FAA, includes plastic bags as airport foreign object gentleman, Mr. TURZAI, will be granted a leave of absence and debris, also known as FOD. The FAA advisory circulars warn the gentleman, Mr. Paul COSTA, will also be granted a leave of of the dangers of damaged equipment, air carrier personnel life absence. endangerment, and catastrophic dangers can be incurred when plastic bags cover the mechanisms that can relate false air speed CONSIDERATION OF HB 1071 CONTINUED readings. I think this is a big deal. So I would urge you to allow our The SPEAKER pro tempore. The Chair recognizes the elected local officials to respond to these local issues. They are gentlelady, Representative Krueger-Braneky, on final passage. in the best position to make these decisions for their Ms. KRUEGER. I also rise in opposition to HB 1071. Last communities. session this bill failed on the House floor with a vote of I ask you to vote "no" on HB 1071. Thank you, Mr. Speaker. 112 against us. I am hoping we will see a similar outcome The SPEAKER pro tempore. The Chair thanks the today. gentlelady and recognizes the gentleman, Mr. Freeman, on final Fundamentally, this bill makes it harder for local elected passage. officials to make their own decisions about the best way to fight Mr. FREEMAN. Thank you, Mr. Speaker. litter in their own communities and removes local control. It is Mr. Speaker, I also rise to oppose HB 1071. There are very being moved at the behest of one special interest, an compelling environmental reasons why this proposal is a bad out-of-State plastic bag manufacturer that is not even idea. The issue of plastic bag pollution and its impact on the headquartered here in Pennsylvania. environment is a real one and one that actually should be dealt As my colleague from Delaware County said, this bill is with in terms of public policy, even at our level. But in the opposed by multiple local governments, multiple associations absence of that, I do not think it is in the best interest of the that represent local government groups, and a broad array of citizens of this Commonwealth to preempt local units of environmental stakeholders. government as they try and deal with issues of plastic bag I urge my colleagues to vote "no." Thank you, Mr. Speaker. pollution and litter in their own community. The SPEAKER pro tempore. The Chair thanks the lady and If there is a municipality that decides to regulate plastic bag recognizes the gentlelady, Ms. Donatucci, on final passage. use or even ban it because of what is happening in their Ms. DONATUCCI. Thank you, Mr. Speaker. community, we should allow them to do so. We are doing way On behalf of the Philadelphia delegation, Philadelphia City too much of preempting our local units of government in Council, the mayor of Philadelphia, and myself, I rise today in responding to real problems that exist in those communities. Let opposition to HB 1071. us not tell them what to do. Let us not play Big Brother on this In Philadelphia residents have requested and city council has issue. Vote "no" on HB 1071 and let the local governments considered adoption of plastic bag fee legislation like continue to have the option to determine how they wish to deal 165 municipalities across the country have already enacted. All with plastic bag litter and plastic bag regulation. Thank you. Pennsylvania municipalities should have that option. In The SPEAKER pro tempore. The Chair thanks the Philadelphia it would reduce litter and fund initiatives to gentleman. improve air and water quality and waste removal. All The Chair recognizes the gentleman, Mr. Hanna, on final Pennsylvania municipalities should have these options and passage. others. However, HB 1071 would prohibit Pennsylvania Mr. HANNA. Thank you, Mr. Speaker. municipalities from having flexibility with regard to fees and Mr. Speaker, I rise today in support of HB 1071. taxes and prohibit a potential revenue source. Mr. Speaker, based on suggestions and floor remarks made Therefore, I urge a "no" vote on HB 1071. Thank you, last session, the language of this bill has been narrowed to only Mr. Speaker. prohibit a tax on recyclable plastic bags and only for political 642 LEGISLATIVE JOURNAL—HOUSE APRIL 25 subdivisions. Essentially, Mr. Speaker, this bill only impacts components here. There are not just one or two factories and policies related to bags that can be recycled and will not get in manufacturing installations in this Commonwealth that the way of the individual grocers' bag policies. That is why this manufacture these products. There are actually 14 that employ bill has earned the support of job creators all across this State. 1500 people and contribute $346 million to the economy of this Mr. Speaker, since 2005 because of legislation like this, the Commonwealth. rate of plastic bag film and wrap recycling has surged So once again, this bill is a much different bill. We have a 74 percent. In 2015, 1.2 billion pounds of postconsumer film, broad coalition of support, and I ask for a "yes" vote. Thank which includes plastic bags and packaging, was recovered for you. recycling. That is 34 million pounds more than the year prior. The SPEAKER pro tempore. The Chair thanks the As many of you know, more than 90 percent of American gentleman. consumers have access to plastic bag recycling through retail take-back programs at stores such as Wegmans, Target, and On the question recurring, ShopRite. From there these bags are picked up for recycling. Shall the bill pass finally? Mr. Speaker, we need to promote these recycling efforts, and The SPEAKER pro tempore. Agreeable to the provisions of that is what HB 1071 does. Mr. Speaker, it is plastic bags that the Constitution, the yeas and nays will now be taken. cannot be recycled that are filling our landfills and causing pollution because consumers cannot return them. The following roll call was recorded: Mr. Speaker, this bill specifically addresses environmentalists' concerns and incentivizes retailers to use YEAS–102 recyclable plastic bags that can be manufactured into new bags, benches, and other plastic products. This bill, Mr. Speaker, Baker Farry Lawrence Reed Barbin Fee Mackenzie Reese promotes good family-sustaining jobs for hardworking Barrar Fritz Maloney Roae Pennsylvanians, something we can all support. Benninghoff Gabler Marsico Roe Mr. Speaker, I would like to bring to your attention a recent Bernstine Gillen Masser Rothman poll taken by the Washington Post and ABC News. According Bloom Gillespie McGinnis Ryan Burns Godshall Mehaffie Saccone to this poll, two-thirds of Americans believe that elected leaders Causer Goodman Mentzer Sankey are out of touch with the concerns of most Americans. I, for Charlton Greiner Metcalfe Santora one, want to reverse that perception. Cook Grove Metzgar Saylor As legislators we stand for many things, including job Corbin Hahn Miccarelli Schemel Corr Hanna Millard Sonney creation and a strong economy. Today you have an opportunity Cox Harris, A. Miller, B. Staats to protect thousands of jobs throughout this Commonwealth. Culver Heffley Moul Stephens We need to move this proposal forward, show our commitment Cutler Helm Mustio Tallman to working men and women, and prove that the legislature puts Day Hickernell Nelson Tobash Delozier Hill Nesbit Toepel jobs at the top of our agenda. Let me repeat that, we need to Dermody Irvin Oberlander Toohil demonstrate that we put jobs at the top of our agenda. Diamond Jozwiak Ortitay Topper Pennsylvanians expect us to put up votes that protect our Dowling Kampf Pickett Walsh manufacturing sector and the thousands of Pennsylvanians that Dunbar Kauffman Pyle Ward Dush Keefer Quigley Warner are employed by this vital industry, and I must add and Ellis Keller, F. Quinn, C. Wentling recognize that in doing so we are not sacrificing our Emrick Keller, M.K. Rader Wheeland environment. In fact, as the bill clearly states, we are Evankovich Klunk Rapp Zimmerman incentivizing recycling and protecting our environment. Everett Knowles

Mr. Speaker, I urge a "yes" vote on HB 1071. Thank you, NAYS–87 Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the Bizzarro DeLuca Kortz Petrarca gentleman and recognizes the maker of the legislation, Boback DiGirolamo Krueger Petri Representative Farry, on final passage. Boyle Donatucci Kulik Quinn, M. Bradford Driscoll Lewis Ravenstahl Mr. FARRY. Thank you, Mr. Speaker. Briggs English Longietti Roebuck A couple points I would like to clarify. Brown, R. Evans Madden Rozzi One, this piece of legislation is different than the bill that Brown, V. Fitzgerald Maher Sainato was defeated on the House floor last session and it is different Bullock Flynn Markosek Samuelson Caltagirone Frankel Marshall Schlossberg for a couple reasons, but most importantly, we heard the Carroll Freeman Matzie Schweyer concerns that were raised last session and we have addressed Cephas Gainey McCarter Sims those concerns. And in working with the various stakeholders, Comitta Galloway McClinton Snyder we have developed a broad coalition of individuals as well as Conklin Haggerty Miller, D. Solomon Costa, D. Harkins Milne Sturla organizations that are in favor of this legislation. Cruz Harper Mullery Thomas The previous speaker mentioned jobs, and jobs are an Daley Harris, J. Murt Vazquez important component of this. The Food Merchants Association Davidson Kaufer Neilson Vitali is in favor of it and the 800 businesses and 150,000 people they Davis Kavulich Neuman Warren Dawkins Keller, W. O'Brien Wheatley employ, the chamber of commerce, the NFIB (National Dean Kim O'Neill White Federation of Independent Business), the retailers, and the Deasy Kinsey Pashinski Youngblood manufacturers, which I think is one of the most important DeLissio Kirkland Peifer

2017 LEGISLATIVE JOURNAL—HOUSE 643

NOT VOTING–0 English Lewis Quinn, M. Zimmerman Evankovich Mackenzie Rader EXCUSED–14 Everett Maher Rapp Turzai, Fee Maloney Reed Speaker

Fritz Christiana Hennessey Rabb Watson

Costa, P. James Readshaw Fabrizio Mako Simmons Turzai, NAYS–84 Gergely McNeill Taylor Speaker Barbin Deasy Kavulich Pashinski Bizzarro DeLissio Keller, W. Petrarca Boyle DeLuca Kim Petri The majority required by the Constitution having voted in Bradford Dermody Kinsey Ravenstahl the affirmative, the question was determined in the affirmative Briggs DiGirolamo Kirkland Roebuck and the bill passed finally. Brown, V. Donatucci Kortz Rozzi Bullock Driscoll Krueger Sainato Ordered, That the clerk present the same to the Senate for Burns Evans Kulik Samuelson concurrence. Caltagirone Farry Longietti Schlossberg Carroll Fitzgerald Madden Schweyer The SPEAKER pro tempore. The House will be at ease. Cephas Flynn Markosek Sims Comitta Frankel Matzie Snyder Conklin Freeman McCarter Solomon LEAVES OF ABSENCE CANCELED Costa, D. Gainey McClinton Sturla Costa, P. Galloway Mehaffie Thomas Cruz Gillen Miller, D. Vazquez The SPEAKER pro tempore. Paul Costa and Mike Turzai are Daley Goodman Mullery Vitali back on the House floor and should be added to the master roll. Davidson Haggerty Murt Warren Davis Hanna Neilson Wheatley Dawkins Harkins Neuman White THE SPEAKER (MIKE TURZAI) Dean Harris, J. O'Brien Youngblood PRESIDING NOT VOTING–0 The SPEAKER. Members, please take your seats. EXCUSED–12

CONSIDERATION OF HB 975 CONTINUED Christiana Hennessey McNeill Simmons Fabrizio James Rabb Taylor Gergely Mako Readshaw Watson The SPEAKER. We are back on HB 975.

On the question recurring, The majority required by the Constitution having voted in Shall the bill pass finally? the affirmative, the question was determined in the affirmative The SPEAKER. Agreeable to the provisions of the and the bill passed finally. Constitution, the yeas and nays will now be taken. Ordered, That the clerk present the same to the Senate for

concurrence. The following roll call was recorded:

* * * YEAS–107

Baker Gabler Marshall Reese The House proceeded to third consideration of HB 991, Barrar Gillespie Marsico Roae PN 1234, entitled: Benninghoff Godshall Masser Roe Bernstine Greiner McGinnis Rothman An Act amending the act of April 12, 1951 (P.L.90, No.21), Bloom Grove Mentzer Ryan known as the Liquor Code, in preliminary provisions, further providing Boback Hahn Metcalfe Saccone for definitions; in Pennsylvania Liquor Control Board, further Brown, R. Harper Metzgar Sankey providing for general powers of board and for specific subjects on Causer Harris, A. Miccarelli Santora which board may adopt regulations; in Pennsylvania Liquor Stores, Charlton Heffley Millard Saylor further providing for sales by Pennsylvania Liquor Stores; and Cook Helm Miller, B. Schemel providing for retail stores. Corbin Hickernell Milne Sonney Corr Hill Moul Staats Cox Irvin Mustio Stephens On the question, Culver Jozwiak Nelson Tallman Will the House agree to the bill on third consideration? Cutler Kampf Nesbit Tobash Bill was agreed to. Day Kaufer O'Neill Toepel Delozier Kauffman Oberlander Toohil Diamond Keefer Ortitay Topper (Bill analysis was read.) Dowling Keller, F. Peifer Walsh Dunbar Keller, M.K. Pickett Ward The SPEAKER. This bill has been considered on three Dush Klunk Pyle Warner different days and agreed to and is now on final passage. Ellis Knowles Quigley Wentling Emrick Lawrence Quinn, C. Wheeland The question is, shall the bill pass finally?

And on the bill, Representative Adam Harris is recognized.

644 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Mr. A. HARRIS. Thank you, Mr. Speaker. underserved areas. So it does not do us any good except cut into I know, as Yogi Berra would say, it sort of feels like déjà vu our profits and our State system. all over again. We have done liquor issues many times here on So I would ask other members to vote "no," please. this floor. We had tremendous success last session with two The SPEAKER. Representative Bill Kortz. very important changes, and the question now is, do we want to Mr. KORTZ. Thank you, Mr. Speaker. move forward and do more for the consumers of Pennsylvania? Mr. Speaker, I rise in opposition to HB 991. My bill is fairly simple. It does not close an LCB store. It This bill will put liquor stores on every corner by allowing does not touch the wholesale aspects of the LCB. It creates new nearly 2400 outlets. Mr. Speaker, that is a lot of booze. All of privately owned retail operations that can fill gaps in our counties will see a dramatic increase in the number of these Pennsylvania that are not adequately served by the 600 liquor outlets. stores currently opened in Pennsylvania. Just to go through a few of these counties, Allegheny I would appreciate your support and affirmative vote for County, under this bill, will go from 75 to 204 outlets; looking HB 991. at Philadelphia, 50 to 261. Montgomery County is going to go The SPEAKER. Representative Markosek, on the bill. from 38 to 137. Lancaster County is going from 19 to 90; Bucks Mr. MARKOSEK. Thank you, Mr. Speaker. County, up to 104; Chester County, 24 outlets to 86, so forth Mr. Speaker, in legislative speak, HB 991 would create a and so on. We will see a dramatic increase. The bottom line, new retail system for selling wine and spirits for off-premise Mr. Speaker: We are going from 600 stores to nearly 2400. That consumption. Just about anyone could sell booze: beer is an 1800-outlet increase, and that is a lot of booze. distributors, restaurants, grocery stores, convenience stores, gas Mr. Speaker, just several weeks ago a number of us on the stations, and big-box stores. Liquor Committee had the opportunity to travel to Kentucky to In layman's terms, Mr. Speaker, if HB 991 becomes law, this witness the bourbon makers, and I want to thank the majority will be the end of the Pennsylvania Liquor Control Board. The chair of the Liquor Committee for taking us there. It was very PLCB would be required to sell products to retailers at a educational. We saw a lot of stuff there. We got to talk to their markup of no more than 15 percent of the price originally paid CEOs, and several of the CEOs gave us unsolicited comments by the PLCB. Competing retail stores would be able to undercut when it came to the privatization, referencing the Washington the LCB retail prices since their wholesale purchase would be State issue. Mr. Speaker, they talked about the chaos that was partially subsidized by the LCB. Lower retail prices would created in their business. They talked about the chaos that was directly result in less tax revenue. Who needs more revenue created in the market. They talked about how the price increase when you are already $3 billion short, $3 billion short? We all of 15 to 24 percent caused a buying shift on their products. It know the budget situation that we are in and we want to pass shifted from the high end, where they sold a lot, to the low-end something where we are going to create less revenue? market for the low-end materials that they sell. They talked What is also really bad about HB 991 is it would allow one about how the chaos is bad for the business because they have retail location for wine and spirits for every 6,000 residents in a to age the bourbon an average of 6 to 9 years, and in some county, with a minimum of 15 retail locations per county. The cases, like Weller, it is up to 19 years, and if you are fortunate LCB now operates 601 retail stores, but the bill would allow up to get Pappy Van Winkle, it is 25 years and they have to do this to 2,383 additional locations. If we were talking about public in solid oak barrels, but with the chaotic market shift, they libraries, this would be a good idea, but having that many liquor cannot predict what they are going to be doing in 6 to 9 years. stores in Pennsylvania would not be a good thing for anybody. So there was some pushback by some CEOs – again, unsolicited Instead, we are talking booze on just about every street corner. comments – that it was a problem because they want It is not that much of a stretch to say. consistency and predictability in their business, as all businesses This bill would also hurt Pennsylvania's wineries because the want. Let us face it, all of you that are in business, you want to new licensees, who care little about diverse tastes – only the see consistency. They did not see that. Their process needs to best-selling wine – will not be required to sell the amount and have that. variety of Pennsylvania wine in their stores. So we are hurting Mr. Speaker, privatizing the system similar to Washington our own wineries here in Pennsylvania with this legislation. State will result in a loss of approximately 4500 jobs ultimately. And despite the onslaught of potential new stores, HB 991 These are good-paying, family-sustaining jobs. The current does nothing, nothing to pay for the added responsibility of system generates about $600 million for the Commonwealth. enforcement. Privatizing this system puts that revenue stream in jeopardy. Mr. Speaker, I am also not buying the argument that HB 991 In conclusion, Mr. Speaker, HB 991 is a bad idea. Using will bring $100 million in additional annual revenue. Why? For history as our guide, and again referencing Washington State's that to happen, Pennsylvanians would have to double their experience, market chaos for the suppliers, job loss, revenue alcohol intake. loss, the selection decreased and crime increased, crime Let us put it this way, this tonight should be last call on increased. Going back to Washington State, we saw where HB 991, and I urge a "no" vote. Thank you, Mr. Speaker. many of the box stores that now have the alcohol saw a The SPEAKER. Representative Paul Costa. dramatic increase in crime to where they have to cordon off this Mr. P. COSTA. Thank you, Mr. Speaker. area. There are locked cabinets. They have to unlock it to get I also stand up in opposition of HB 991. the booze out. Now, I understand the maker's intent is to try and provide And while we were in Kentucky, one of my fellow stores in areas that are underserved, but unfortunately, this bill colleagues on the Liquor Committee witnessed a crime in the does not do that. It allows stores to be opened up everywhere. convenience store that was adjacent to the hotel that we stayed My fear is that they are going to cherry-pick the areas where we in. He was in there late at night getting ready to make a already have good sales and they are going to ignore the purchase, and a gentleman walked in, grabbed a bottle of the 2017 LEGISLATIVE JOURNAL—HOUSE 645 liquor, started to bolt out the store, and the 19-year-old sales You can vote "yes" today and you can go forward, but I am clerk went out and accosted him. They got into a tugging match going to tell you, folks like me are going to remind you every with this bottle of booze and they were fighting with this back day that your children are getting alcohol poisoning and dying and forth. The bottle fell and broke inside the hotel. Our of alcohol abuse problems. Please vote "no." Do the right thing. colleague witnessed this. It happened when we were there in We have done one. We have allowed more access to it. I think Kentucky. they have enough now. Thank you, Mr. Speaker. It is a bad idea, Mr. Speaker. And we want to duplicate this The SPEAKER. The last speaker that we have listed is system? I do not think so. Representative Frank Ryan, on the bill. Mr. Speaker, HB 991 is going to saturate PA with liquor Mr. RYAN. Mr. Speaker, thank you so much. establishments, again, almost 2400, yet the bill adds no new I stand up and rise in support of HB 991, but let me just money for enforcement, and we are going to create an address the last comment. This is an entirely different issue than environment for our constituents that can be very negative. about liquor. I was at the same prayer breakfast this morning. Please vote "no." Thank you, Mr. Speaker. This is about the right of individual determination and whether The SPEAKER. Thank you, Representative Kortz. or not we as individuals have the responsibility for our own Representative Conklin. decisions on whether or not we believe that we can legislate Mr. CONKLIN. Thank you. I want to thank you, morality. Mr. Speaker. There is only one addiction that I have seen so far in the past Mr. Speaker, I want to tell you, it has been an enjoyable day 10 years of my life, and that is a government that has run amok, spending time with you and everybody today. that believes that they can run their lives better than I can for I can tell you, the Speaker and I, we started out our day our children and as a parent and better than I can as an 12 hours ago. We were at the prayer breakfast. We got to individual. The more we take self-accountability and worship together. We got to hear a great sermon and great self-responsibility into this action, the greater the likelihood we music, and then this afternoon we get to come here and we get will get control in our society rather than the misguided to talk about guns. Now we get to talk about – and I voted with impression that we can legislate morality. you on that – and now we get to talk about booze. I mean, think about this: God, guns, and booze all in the same day. I mean, LEAVE OF ABSENCE what a great country we have here. I mean, just think about this, booze on every corner. What is the number one addiction The SPEAKER. The minority whip requests a leave of problem? Booze. What is the number one choice of drink of absence for the lady from Montgomery County, Mrs. DEAN. young people? Booze. What breaks up more families? Booze. I mean, think about this. We are giving it all: God, guns, and booze. CONSIDERATION OF HB 991 CONTINUED You know, I do not know about where you all come from, On the question recurring, but, you know, you can build a gold cow if you want sometimes Shall the bill pass finally? and you can go to the wrong idol, but I am going to tell you, The SPEAKER. Agreeable to the provisions of the where I come from we have got a drinking problem. We have Constitution, the yeas and nays will now be taken. got young people every day. It is going to be your children that they come to see me about. This week I had two parents come The following roll call was recorded: to me. One of their children was taken to the hospital at the age of 17 years old with alcohol poisoning. They had to go and get YEAS–107 their child from the hospital in the emergency room. We just had a death up in my district because of booze, because the kids Baker Gabler Marshall Reese have not quite learned how to understand when you are Barrar Gillespie Marsico Roae underage what it can do to you. Tomorrow the Children and Benninghoff Godshall Masser Roe Youth Committee are having a hearing on addictions, and Bernstine Greiner McGinnis Rothman Bloom Grove Mentzer Ryan parents who have children, how it hurts the children. Boback Hahn Metcalfe Saccone You know what? I do not know what your reasoning is Brown, R. Harper Metzgar Sankey behind this, and if it is just against us being in the alcohol Causer Harris, A. Miccarelli Santora business, that is fine. But if your idea is to have more booze on Charlton Heffley Millard Saylor Cook Helm Miller, B. Schemel every corner, if your idea is to make sure that young people Corbin Hickernell Milne Sonney have the easier access, it is too easy now and you want to make Corr Hill Moul Staats it easier, you can put it however you want it, but this is a bad Cox Irvin Mustio Stephens bill. This is bad. Culver Jozwiak Nelson Tallman Cutler Kampf Nesbit Tobash I know I kid a little bit because I do like the Speaker and Day Kaufer O'Neill Toepel I like my colleagues and I know I started out joking, but this is Delozier Kauffman Oberlander Toohil serious. We have a serious addiction problem in this State, not Diamond Keefer Ortitay Topper just heroin, not just opioids, but alcohol, the number one choice. Dowling Keller, F. Peifer Walsh Dunbar Keller, M.K. Pickett Ward And what you want to do is pass a law to make sure that young Dush Klunk Pyle Warner kids can walk through a counter where a State worker and Ellis Knowles Quigley Wentling another worker is not supervising it, put it in their pocketbook, Emrick Lawrence Quinn, C. Wheeland and walk out? Mr. Speaker, rethink this. We have got a booze English Lewis Quinn, M. Zimmerman Evankovich Mackenzie Rader problem. 646 LEGISLATIVE JOURNAL—HOUSE APRIL 25

Everett Maher Rapp Turzai, The SPEAKER. This bill has been considered on three Fee Maloney Reed Speaker different days and agreed to and is now on final passage. Fritz The question is, shall the bill pass finally? NAYS–83 Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Barbin DeLissio Keller, W. Petrarca Bizzarro DeLuca Kim Petri (Members proceeded to vote.) Boyle Dermody Kinsey Ravenstahl Bradford DiGirolamo Kirkland Roebuck Briggs Donatucci Kortz Rozzi VOTE STRICKEN Brown, V. Driscoll Krueger Sainato Bullock Evans Kulik Samuelson The SPEAKER. Strike the vote. Strike the vote. Burns Farry Longietti Schlossberg Caltagirone Fitzgerald Madden Schweyer Carroll Flynn Markosek Sims Representative Markosek, the floor is yours, sir. Cephas Frankel Matzie Snyder Mr. MARKOSEK. Thank you, Mr. Speaker. Comitta Freeman McCarter Solomon Mr. Speaker, I am aware, as we all are, that this is your bill Conklin Gainey McClinton Sturla Costa, D. Galloway Mehaffie Thomas and your baby. Let me just say that, respectfully so, that this Costa, P. Gillen Miller, D. Vazquez would throw the baby out with the bath water. Cruz Goodman Mullery Vitali Like HB 975, which is also your bill, Mr. Speaker, it will Daley Haggerty Murt Warren spin off the most profitable brands to the Liquor Control Board's Davidson Hanna Neilson Wheatley Davis Harkins Neuman White competition. You know and I know, Mr. Speaker, what this Dawkins Harris, J. O'Brien Youngblood means in the business world. If you want to run Pennsylvania Deasy Kavulich Pashinski government like a business, the Liquor Control Board is your best example of how that should be done. NOT VOTING–0 While new fees will be required under HB 1075, they would

EXCUSED–13 be insufficient to meet current estimates of profit transfers to the General Fund. These profit transfers in the budgetary Christiana Hennessey McNeill Simmons environment created by 6 years of Republican direction are vital Dean James Rabb Taylor for the Commonwealth. They help to balance our budget. We Fabrizio Mako Readshaw Watson are giving away millions in the promise of less than that return, Gergely and we have to pay the stranded cost, the stranded cost of this privatization. The largest stranded cost of the PLCB is the The majority required by the Constitution having voted in unfunded pension debt of $450 million. the affirmative, the question was determined in the affirmative I hear talk every day about reforming our pension systems, and the bill passed finally. yet here we are, working to exacerbate the unfunded liability of Ordered, That the clerk present the same to the Senate for the State Employees' Retirement System. While the payment for concurrence. the LCB's pension cost would most likely be absorbed by other Commonwealth agencies and employees paying into the State The SPEAKER. We had originally gone over the bill. We Employees' Retirement System, it is still a crushing addition to have HB 1075, PN 1274, page 2 of today's House calendar. what we already owe, and we all know that we have a substantial debt. And then there is the likelihood that * * * Pennsylvania taxpayers would be on the hook, be on the hook to cover the $46 million in unemployment compensation costs for The House proceeded to third consideration of HB 1075, the liquor store employees, good and hardworking men and PN 1274, entitled: women who would lose their jobs. Rushing to drive up costs in the name of some idea of, quote, An Act amending the act of April 12, 1951 (P.L.90, No.21), unquote, "better access" that a strong majority of known as the Liquor Code, in preliminary provisions, further providing Pennsylvanians are not clamoring to have, it is not the way to for definitions; in licenses and regulations, liquor, alcohol and malt and go. This is not the way real businesses operate. brewed beverages, providing for wholesale permit and for wholesale licenses; and, in disposition of moneys collected under provisions of I urge, Mr. Speaker, a "no" vote. Thank you. act, further providing for moneys paid into the State Stores Fund for The SPEAKER. Representative Paul Costa. use of the Commonwealth, providing for moneys paid into the State Mr. P. COSTA. Thank you, Mr. Speaker. Stores Operating Fund for use of the board and establishing the State I stand opposed to HB 1075. I am sure that is no surprise to Stores Operating Fund. all of you, but I want you all to know for sure what this bill will On the question, do. It will put us out of the State store wine and spirits business. Will the House agree to the bill on third consideration? Now, you may think – I thought I would get a cheer for that – Bill was agreed to. but you may think that is a good idea, but unfortunately, there are consequences that come with that. There are 5,000 people (Bill analysis was read.) that are employed that will lose their jobs. There is over $500 million of revenue that comes into our State every single year that is going to be gone. Those things are gone. So if that is what you want, then you can vote for this bill.

2017 LEGISLATIVE JOURNAL—HOUSE 647

But I would also like to give you a little, I guess, history The SPEAKER. Thank you, Representative Daley. lesson here how a bill becomes law. You know there are three Representative Mike Sturla. steps. It has to pass the House, the Senate, and the Governor has Mr. STURLA. Thank you, Mr. Speaker. to sign it. We already know that the Governor said he will not Will the maker of the bill rise for brief interrogation? sign this. So that is one step gone. We found out last week that The SPEAKER. Will the chair of the Liquor Committee the majority leader in the Senate said they have no interest in please stand for interrogation? Thank you. dealing with liquor bills. That is strike two. Do not give it to Mr. STURLA. Thank you, Mr. Speaker. them. Strike this bill out, but vote "no." Mr. Speaker, I believe HB 991 just passed, which says that The SPEAKER. Thank you, Representative Costa. you would be buying wine and spirits from the PLCB and then Representative Schweyer. the PLCB would make a 15-percent markup. Given that under Mr. SCHWEYER. Thank you, Mr. Speaker. this bill that is being proposed the PLCB would no longer sell I will be brief, and I will just reiterate many of the points— wine and spirits to consumers, could HB 991 exist if HB 1075 Actually, no, I am not going to reiterate any of my points from passes? HB 975, sir. I am just going to simply say the point still stands. Mr. A. HARRIS. No, they are not compatible. We do have a commission that is meant to study Mr. STURLA. Okay. So if we pass HB 1075, then HB 991 is privatization. Not only has that commission not issued a report, irrelevant. Is that correct? the seats on the commission have not even been filled. It is just Mr. A. HARRIS. Fortunately they are not going directly to 9 months ago we passed legislation that said we need to study the Governor's desk. this in a bipartisan way and we have not even begun the process Mr. STURLA. Okay. When was there a hearing on of filling that commission. All we are doing is just breaking our HB 1075? own word that we made to the good people of Pennsylvania. Mr. A. HARRIS. I believe this is my 15th year in the House. Mr. Speaker, I urge a "no" vote. Thank you, sir. I believe we have been talking about getting rid of retail, the The SPEAKER. Representative Mary Jo Daley. wholesale operation of the LCB, for probably that entire Ms. DALEY. Thank you, Mr. Speaker. 15 years. I could look back and give you all the various hearings Today in the Appropriations meeting and at a couple of other if you would like. times we have heard that the Pennsylvania Liquor Control Mr. STURLA. And I guess I should have never asked that Board has projected a loss of revenue, and I wanted to just— question because it is my understanding anyway, but I thought We have a letter here that was addressed to the Honorable maybe I was wrong, that the last time a hearing was actually William F. Adolph and the Honorable Joseph F. Markosek. It is held on any privatization proposal in the State of Pennsylvania dated April 7, 2015, and it was written by Christopher was 2011, and so— Herrington, the director from the Office of Legislative Affairs, Mr. A. HARRIS. If I could, Mr. Speaker, I do believe the following up on the 2015 budget Appropriations hearing. And gentleman knew the answer to his own question. I think it is just important to note that they were responding to Mr. STURLA. Mr. Speaker, I asked whether there— questions that were asked during those Appropriations hearings. Mr. A. HARRIS. Hence, it was not a question. So the letter says, "Various representatives, including Mr. STURLA. What I wanted to know— I guess I should Representatives Ross, George Dunbar and Mark Mustio, have said, I think it was 2011. Can you refute that? referred to a document submitted by the PLCB which Mr. A. HARRIS. Negative. purportedly shows that the agency will not have a positive cash Mr. STURLA. Okay. So then we have established that the flow after the next few years." So they went on to identify that – last hearing on this was 2011. Eighty people who are sitting in and I am skipping some of it; I am not going to read all of it – this House today were not here in 2011, and yet they are passing "As stated at the hearing, the Worksheet does not accurately legislation dealing with the privatization of a liquor system. depict the current financial status or projected cash flow of the Now, go home and explain to your constituents why, without PLCB. In fact, the PLCB does not use the Worksheet in its so much as a public hearing, you knew enough to privatize a business review or decision-making regarding the agency's cash $1 billion industry, and then with the other bills that we have flow; it is irrelevant but for the fact that the GBO requires its passed here today, put a liquor store on every corner, without so submission in accordance with its guidelines." And they talk much as one public hearing. Explain that to your constituents. about the PLCB's actual cash balance but go on to say that Go ahead and vote "yes." This bill is not going anywhere. But "Even with the more conservative projections dictated by GBO, explain to your constituents how you were so all-knowing to be if the actual 'cash balance' had been used in GBO's Worksheet, able to figure that one out. as described above, the ending cash balance at the end of the Thank you, Mr. Speaker. five-year projection would still be positive – not negative, as The SPEAKER. I think the interrogation had come to an end. opined during the hearing." Representative Rothman. I think this is really important to recognize, because, you Mr. ROTHMAN. Mr. Speaker, I rise in support of this bill. know, we are talking about questions asked at Appropriations We have heard speakers talk about how they want to run – hearings a couple years ago. They are not declaring that they we have heard we want to run government more like businesses. have a negative cash balance and they give good reason for it. Mr. Speaker, we want to get government out of a business that I would read the whole letter. If anybody wants it, I have a the government has no business being in. I do not know much copy of it here, but I think that we should make considerations about this body; I have only been here for about a year and a of this because they are saying something that was different in half. But I know a lot about businesses. Government cannot run this letter than was questioned and they were sending a letter to industries like a business; they cannot. clarify some of the information at that Appropriations hearing. So thank you, Mr. Speaker. 648 LEGISLATIVE JOURNAL—HOUSE APRIL 25

We passed a bill last session to legalize medical marijuana. On the question recurring, We did not have the State run the distribution of marijuana, and Shall the bill pass finally? that is probably just as dangerous if it is abused as alcohol. The SPEAKER. Agreeable to the provisions of the We talked about 5,000 people losing their jobs. No, no; the Constitution, the yeas and nays will now be taken. 5,000 people will not lose their jobs. They will be hired by the private sector by these systems, these stores that are on every The following roll call was recorded: street corner. That is what happens. Businesses hire the best people. YEAS–105 But there will not be the liabilities, the unfunded liabilities that we have with pensions. There will not be the losses. We Baker Fritz Marshall Roae Barrar Gabler Marsico Roe talked about losses. If there was a monopoly, I guarantee you, Benninghoff Gillespie Masser Rothman business would not be losing the money and we would not be Bernstine Godshall McGinnis Ryan getting a measly 3 1/2-percent return. It should be twice that Bloom Greiner Mentzer Saccone much. It should be five times that much. Boback Grove Metcalfe Sankey Brown, R. Hahn Metzgar Santora So let us let the business, let the market run the business and Causer Harris, A. Miccarelli Saylor get government out of businesses. Thank you, Mr. Speaker. Charlton Heffley Millard Schemel The SPEAKER. Representative George Dunbar. Cook Helm Miller, B. Sonney Mr. DUNBAR. Thank you, Mr. Speaker. Corbin Hickernell Milne Staats Corr Hill Moul Stephens Mr. Speaker, I really did not have much intention of Cox Irvin Mustio Tallman speaking today, but just to clarify a point that the gentlelady Culver Jozwiak Nelson Tobash brought up about testimony in 2015. In fact, in 2015 that was Cutler Kampf Nesbit Toepel the testimony and we looked at their financials and projected Day Kaufer Oberlander Toohil Delozier Kauffman Ortitay Topper them going forward. Diamond Keefer Peifer Walsh The LCB, their increased revenues that they were projecting Dowling Keller, F. Pickett Ward were 1, 2, 3, 4 percent every year but their costs were going up Dunbar Keller, M.K. Pyle Warner by 5, 6, 7 percent every year. You do not need to be an Dush Klunk Quigley Wentling Ellis Knowles Quinn, C. Wheeland accountant or a math wizard to figure out that sooner or later Emrick Lawrence Quinn, M. Zimmerman you are going to run out of money. English Lewis Rader So they did send us a letter afterwards. And guess what? In Evankovich Mackenzie Rapp Turzai, 2015, 2 years ago in an Appropriations meeting we were right Everett Maher Reed Speaker Fee Maloney Reese because this year in an Appropriations meeting they came, they testified again, and they told us they do not make enough money NAYS–84 to distribute what they have promised to distribute to Pennsylvania. They have to go into the reserves to meet what Barbin DeLissio Keller, W. Pashinski they had promised to give us. That is even after Act 39. Bizzarro DeLuca Kim Petrarca Boyle Dermody Kinsey Petri And if you really want to get down to details, just look at Bradford DiGirolamo Kirkland Ravenstahl their balance sheet. The last balance sheet for the PA LCB – Briggs Donatucci Kortz Roebuck total assets, $580 million; total liabilities, $906 million. This is Brown, V. Driscoll Krueger Rozzi not a shiny new asset. This is an asset that is old and tarnished Bullock Evans Kulik Sainato Burns Fitzgerald Longietti Samuelson and needs to be retired. Thank you. Caltagirone Flynn Madden Schlossberg The SPEAKER. Representative Costa, did you want to speak Carroll Frankel Markosek Schweyer again? Representative Costa, for the second time. Cephas Freeman Matzie Sims Mr. P. COSTA. Thank you, Mr. Speaker. Comitta Gainey McCarter Snyder Conklin Galloway McClinton Solomon And I apologize, but sometimes I just cannot let things go. Costa, D. Gillen Mehaffie Sturla Maybe the reason why— We did make changes, we made Costa, P. Goodman Miller, D. Thomas major changes in Act 39, but unfortunately, those changes have Cruz Haggerty Mullery Vazquez not come to fruition yet. We did all the zombie licenses. I do not Daley Hanna Murt Vitali Davidson Harkins Neilson Warren believe we collected a single dollar from a zombie license yet. Davis Harper Neuman Wheatley We have implemented flexible pricing. We have not even had Dawkins Harris, J. O'Brien White the report about how flexible pricing will work yet, which they Deasy Kavulich O'Neill Youngblood are required to give us. So there are a lot of things that we allowed the LCB to do in Act 39 that did not come to fruition NOT VOTING–1 yet. We are giving them the ability to raise more revenue, and Farry we need to keep moving in that direction. Again, I do not believe this bill is the right thing to do. Let us EXCUSED–13 stick with what we have. Let us make Act 39 better as we move along and vote this down, please. Thank you. Christiana Hennessey McNeill Simmons Dean James Rabb Taylor The SPEAKER. Thank you, Representative Costa. Fabrizio Mako Readshaw Watson Gergely

2017 LEGISLATIVE JOURNAL—HOUSE 649

The majority required by the Constitution having voted in ADJOURNMENT the affirmative, the question was determined in the affirmative and the bill passed finally. The SPEAKER. Representative Dave Maloney moves that Ordered, That the clerk present the same to the Senate for the House be adjourned until tomorrow, Wednesday, April 26, concurrence. 2017, at 11 a.m., e.d.t., unless sooner recalled by the Speaker. We are going to start at 11 a.m. tomorrow, unless sooner recalled by the Speaker. VOTE CORRECTION

The SPEAKER. Representative Farry is recognized. On the question, Mr. FARRY. Mr. Speaker, I would like to correct the record Will the House agree to the motion? and be reflected as a "no" vote on the previous bill, HB 1075. Motion was agreed to, and at 7:29 p.m., e.d.t., the House The SPEAKER. Yes. adjourned.

There are no further votes today.

BILLS RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader, who moves that the following bills be recommitted to the Committee on Appropriations:

HB 168; HB 290; HB 395; HB 399; HB 671; HB 1022; and HB 1238.

On the question, Will the House agree to the motion? Motion was agreed to.

BILLS REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader, who moves that the following bills be removed from the tabled calendar and placed on the active calendar:

HB 324; HB 713; HB 938; and HB 1043.

On the question, Will the House agree to the motion? Motion was agreed to.

BILLS AND RESOLUTIONS PASSED OVER

The SPEAKER. Without objection, all remaining bills and resolutions on today's calendar will be passed over. The Chair hears no objection.